LEXINGTON CONSTRUCTIONS PTY LTD v COYNE [1992] NSWCA 134

LEXINGTON CONSTRUCTIONS PTY LTD v COYNE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MAHONEY and CRIPPS JJA 16 July 1992, 24 December 1992 [1992] NSWCA 134

WORKERS' COMPENSATION — interest — lump sum awards under s66 and s67 Workers Compensation Act 1987 — employer proffers cheque for maximum amount payable under s66 — worker on legal advice refuses to bank cheque — dispute over interest — trial judge (Davidson CCJ) awards interest from date of injury to date of award — no discount for proffering of cheque — appeal to Court of Appeal — held: (Mahoney JA and Cripps JA; Kirby P dissenting): The determination of interest was a discretionary one and ought not be disturbed by the Court of Appeal.

Bennett v Jones [1977] 2 NSWLR 355 (CA) referred to; Arklow Pty Ltd (T/as Champion Press) v Taavao, Court of Appeal, unreported, 11 June 1992 approved. INTEREST - workers' compensation - entitlement to statutory sums - delay in payment - principles for the provision of interest. PRACTICE and PROCEDURE - Court of Appeal - securing order where judges differ - Court order will follow highest common denominator of judges' agreement.

Woolworths Ltd v Kelly (1990) 22 NSWLR 189 (CA) followed.

Compensation Court Act 1984, s3, s19, and s32. Workers Compensation Act 1987, s66, and s67.

Kirby P This appeal from the Compensation Court of New South Wales concerns a challenge by an employer to an award of interest in favour of a worker.

Involved in the appeal is consideration of the principles applicable to the award of interest under the Compensation Court Act 1984 (the Court Act) and whether it has been shown that the discretion of the primary judge miscarried in such a way as to authorise the intervention of this Court.

A paraplegic worker recovers interest

Mr George Coyne (the worker) is the respondent to an appeal brought by Lexington Constructions Pty Ltd (the employer). On 4 March 1988 the worker was injured in the course of his employment for the employer when he stepped on a ladder to descend from certain scaffolding. The ladder gave way. This resulted in the worker's falling and being crushed. He suffered severe fractures to the spine resulting in paraplegia and in other physical and mental disabilities.