SPF FORMWORK PTY LTD v SIMONOVIC [1993] NSWCA 250

SPF FORMWORK PTY LTD v SIMONOVIC

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and CRIPPS JJA 19 November 1992, 2 April 1993

[1993] NSWCA 250

This was an appeal against the decision of the trial judge awarding an amount of $25,020 pursuant to s66 Workers' Compensation Act and ordering interest on this amount at the rates prescribed from date of injury to date of hearing.

Held: The trial judge had erred in the approach he adopted in relation to the award. In relation to the award of interest, the trial judge's discretion had not miscarried. Workers' Compensation Act 1987, s66, s67 Supreme Court Act 1970 Suitor's Fund Act

Jones Bros Bus Company Pty Ltd v Baker (1992) 26 NSWLR 322

MBP(SA) Pty Ltd v Gogic (1991) 171 CLR 657

ORDERS

1. Appeal upheld.

2. So much of Manser CCJ's order as awarded the respondent the sum of $25,020 pursuant to s66 of the Workers Compensation Act 1987 be set aside and in lieu thereof there be entered an award for the respondent in the sum of $15,012. The terms of Manser CCIJ's award otherwise confirmed.

3. The respondent to pay the appellant's costs of the appeal. The respondent to have a Certificate under the Suitor's Fund Act.

Mahoney JA Different views have been expressed as to the construction of s66 and s67 of the Workers Compensation Act 1987 and as to the bases on which interest should be calculated on amounts awarded under those sections. It is proper that, within the proper limits of construction and principle, there be uniformity in the law to be applied. I therefore agree with the judgment of Cripps JA and the orders he proposes.

Priestley JA I agree with Cripps JA.

Cripps JA This is an appeal from the decision of Judge Manser in the Compensation Court on 12 August 1991 awarding the respondent worker lump sum compensation under s66 of the Workers' compensation Act 1987 in the sum of $25,020 and under s67 in the sum of $25,000.