Skinner v The State of New South Wales (No.3) [2021] NSWDC 115

District Court New South Wales

Medium Neutral Citation: Skinner v The State of New South Wales (No.3) [2021] NSWDC 115 Hearing dates: On the papers Date of orders: 9 April 2021 Decision date: 09 April 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 40 Catchwords: PRACTICE AND PROCEDURE – dispositive orders for claim for work injury damages – former police officer's claim for psychiatric injury – whether interest pursuant to s 151M of the Workers Compensation Act recoverable – whether offer of settlement made prior to proceedings unreasonable COSTS – parties agree that costs of the proceeding generally are to be borne by each party – whether different costs order should be made for plaintiff's application to extend time to commence proceeding under s 151D Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 42.7 Workers Compensation Act 1987 (NSW) ss 151D, 151M Workers Compensation Regulation 2016 (NSW) regs 94, 96 Cases Cited: Briggs v State of New South Wales (No.2) [2015] NSWDC 299 Cottom v Scone Race Club Limited (unreported, 2 November 2018) Furina v Transfield Construction Pty Ltd (1994) 10 NSWCCR 23 J T Stratford Ltd v Lindley (No.2) [1969] 1 WLR 1547 Juniper Property Holdings No. 15 Pty Ltd v Caltabiano [2015] QSC 95 Ortlipp v Employers Mutual NSW Ltd as agent for the Workers Compensation Nominal Insurer (No.2) [2014] NSWDC 158 Skinner v State of New South Wales (No.2) [2021] NSWDC 49 State of New South Wales v Briggs [2016] NSWCA 344 Texts Cited: Nil Category: Consequential orders Parties: Ms K Skinner (plaintiff) The State of New South Wales (defendant) Representation: Counsel: Mr C Hart and Mr G Schipp for the plaintiff Mr D Stanton for the defendant