NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Franco v Workers Compensation Nominal Insurer (No 3) [2021] NSWSC 503 Hearing dates: 3, 4 August 2020 Decision date: 10 May 2021 Jurisdiction: Common Law Before: Rothman J Decision: (1) Order 5 issued by the Court in these proceedings on 22 February 2021 is vacated; (2) Pursuant to the provisions of s 100 of the Civil Procedure Act 2005 (NSW) and s 151M of the Workers Compensation Act 1997 (NSW), the defendant shall pay interest on the damages awarded on 22 February 2021 in the amount of $245,372.92. Catchwords: JUDGMENT and ORDERS – pre-judgment interest - Workers Compensation Act 1987 (NSW), s 151M – statutory pre-conditions – no reasonable offer in writing – pre-judgment interest ordered Legislation Cited: Civil Procedure Act 2005 (NSW), ss 100, 101 Workers Compensation Act 1987 (NSW), ss 151D, 151M Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 281, 282 Cases Cited: Australian Winch and Haulage Company Pty Ltd v Collins [2013] NSWCA 327 Franco v Workers Compensation Nominal Insurer (No 2) [2021] NSWSC 129 Category: Costs Parties: Marina Franco (Plaintiff) Workers Compensation Nominal Insurer (Defendant) Representation: Counsel: R de Meyrick & J Mrsic (Plaintiff) S Kettle (Defendant)
Solicitors: Grieve Watson Kelly Lawyers (Plaintiff) Hicksons Lawyers (Defendant) File Number(s): 2019/210260
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