Synergy Scaffolding Services Pty Ltd v Alelaimat (No 2) [2024] NSWCA 11

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Synergy Scaffolding Services Pty Ltd v Alelaimat (No 2) [2024] NSWCA 11 Hearing dates: On the papers Date of orders: 7 February 2024 Decision date: 07 February 2024 Before: Meagher JA at [1] Kirk JA at [2] Simpson AJA at [3] Decision: The orders identified at [57] of the judgment will be made on 21 February 2024 unless orders consented to by all parties are provided to the Court prior to that date. Catchwords: WORKERS COMPENSATION — damages for personal injury — Workers Compensation Act 1987 (NSW) s 151Z — whether employer able to claim recovery of compensation payments from third party tortfeasor under s 151Z(1)(d) in circumstances where employer was joint tortfeasor — construction of s 151Z(2)(e) — whether worker "does not accept satisfaction of the judgment against that employer" — liability of worker to repay compensation out of damages under s 151Z(1)(b) COSTS — where appellant enjoyed partial success on appeal — where multiple cross-claims dismissed — no issue of principle Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Workers Compensation Act 1987 (NSW), ss 151A, 151Z Workers Compensation Regulation 2016 (NSW), cl 96 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 346 Cases Cited: Gallagher Bassett Services NSW Pty Ltd v Murdock (2013) 86 NSWLR 13; [2013] NSWCA 386 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Skelton v Collins (1966) 115 CLR 94; [1966] HCA 14 Synergy Scaffolding Services Pty Ltd v Alelaimat [2023] NSWCA 213 Category: Consequential orders Parties: Synergy Scaffolding Services Pty Ltd (Appellant) Bilal Alelaimat (1st Respondent) Workers Compensation Nominal Insurer (2nd Respondent) Representation: Counsel: DA Priestley SC (Appellant) D Toomey SC/D Morgan (1st Respondent) PD Herzfeld SC/PA Rickard (2nd Respondent)