Wood v Secretary of the Department of Transport on behalf of the Government of New South Wales (No 2) [2021] NSWSC 1461

Supreme Court New South Wales

Medium Neutral Citation: Wood v Secretary of the Department of Transport on behalf of the Government of New South Wales (No 2) [2021] NSWSC 1461 Hearing dates: 22 June, 19 July, 20 September 2021 Date of orders: 12 November 2021 Decision date: 12 November 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Judgment for the plaintiff. (2) The defendants pay to the plaintiff damages in the sum of $306,409.22, being $440,798.78 less a deduction of $134,389.56 comprising the total of all weekly payments (capped) of workers compensation paid to the plaintiff from 2 June 2020 to 26 July 2021 for either total or partial periods of incapacity. (3) The defendants pay to the plaintiff interest in the sum of $8,231.49. (4) The defendants pay the costs of the plaintiff: (a) to 7 June 2021 on a standard basis as agreed or assessed; and (b) from 8 June 2021 on an indemnity basis as agreed or assessed. (5) The Court notes: (a) The Plaintiff has not made a claim in the proceedings for personal injury damages in these proceedings pursuant to part V of the Workers Compensation Act 1987 (NSW) or under the general law and all rights are retained in this regard. Catchwords: JUDGMENTS AND ORDERS — In favour of plaintiff JUDGMENTS AND ORDERS — Matter of public interest — Referral to the Minister and Commissioner of Police Legislation Cited: Workers Compensation Act 1987 (NSW) Cases Cited: Wood v Secretary of the Department of Transport on behalf of the Government of New South Wales [2021] NSWSC 1248 Category: Costs Parties: Thomas Wood (Plaintiff) Secretary of the Department of Transport on behalf of the Government of New South Wales (Defendant) Representation: Counsel: Mr S Prince SC (Plaintiff) Ms S Brenker (Plaintiff) Mr M Seck (Defendant) Solicitors: Thrive Workplace Consulting & Legal (Plaintiff) K & L Gates (Defendant) File Number(s): 2020/330611