Chopra v NSW Health Service - South Western Sydney Local Health District (No 2) [2024] NSWDC 160

District Court New South Wales

Medium Neutral Citation: Chopra v NSW Health Service - South Western Sydney Local Health District (No 2) [2024] NSWDC 160 Hearing dates: 09 May 2024 Date of orders: 09 May 2024 Decision date: 09 May 2024 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to ss 151M(4)(a)(i), 151M(4)(a)(ii) and 151M(4)(a)(iii) of the Workers Compensation Act 1987 (NSW), interest totalling $91,152.75 is added to the judgment sum, giving a total judgment sum of $2,221,614.72. (2) The defendant is to pay the plaintiff's costs pursuant to the operation of the Workers Compensation Regulations 2018 (NSW) and in accordance with its provisions. Catchwords: Common law claim by employee against employer - entitlement to pre-judgment interest - s 151M of Workers Compensation Act 1987 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 100, 101 Workers Compensation Act 1987 (NSW), s 151M Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 281 Workers Compensation Regulations 2018 (NSW) Cases Cited: Andrew Goodman v Impact Hire Australia Pty Limited & Anor [2009] NSWSC 941 Chopra v State of NSW (South Western Sydney Local Health District) [2023] NSWCA 142 Chopra v NSW Health Service - South Western Sydney Local Health District [2024] NSWDC 76 D R Johnston Group Pty Ltd v Starr and Smith [2001] NSWCA 121 Franco v Workers Compensation Nominal Insurer (No 3) [2021] NSWSC 503 Howarth v Rail Corporation New South Wales (No 2) [2013] NSWSC 236 Nationwide News Pty Ltd v Naidu & Anor; ISS Security Pty Ltd v Naidu & Anor [2007] NSWCA 377 Skinner v The State of New South Wales (No 3) [2021] NSWDC 115 State of New South Wales v Skinner [2022] NSWCA 9 Van Opstal v Australian Iron & Steel Pty Limited (No. 2) [2000] NSWSC 1125 Texts Cited: Nil Category: Consequential orders Parties: Livleen Chopra (Plaintiff) NSW Health Service - South Western Sydney Local Health District (Defendant) Representation: Counsel: Mr M Cranitch SC with Mr N Ghabar (Plaintiff) Mr M Best (Defendant)