HELEN & JOHN MOLLOY T/AS TOPLINE PIPELAYING v HOBDAY [1994] NSWCA 207

HELEN & JOHN MOLLOY T/AS TOPLINE PIPELAYING v HOBDAY SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MEAGHER JA, HANDLEY JA and POWELL JA 22 December 1994

[1994] NSWCA 207

Handley JA. REASONS AND ORDERS

Following delivery of judgment in Court on 1 December a tutor was appointed for the infants on 16 December and the matter was adjourned to today to enable the employer to be represented so that final orders could be made and the question of costs and interest dealt with. Pursuant to the reasons given by the Full Court I order that the cross appeal by the infants be allowed.

I order that the appellant pay the 3rd and 4th respondents" weekly compensation of $54.40 each from 4 October 1990 to date and continuing as varied from time to time pursuant to the statute. I order that interest be paid on the arrears of weekly compensation pursuant to s 19 of the Compensation Court Act, such interest to be paid at 11.5% over the whole period as a rough approximation of the different interest rates prescribed from time to time by direction of the Chief Justice. I direct that short minutes be brought in with a calculation of that interest. A precise calculation is not necessary if some reasonable alternative which wouldsimplify the process can be agreed upon. The interest calculation should not of course include any compound interest. I order the appellant pay the costs of the tutor incurred since 1 December 1994 including the mention on 16 December and today. I decline to make any order with respect to the infants" costs of the appeal prior to delivery of judgment on 1 December 1994.

Orders accordingly.