WILDRIDGE AND SINCLAIR ENGINEERING PTY LTD v LAW [1994] NSWCA 348

WILDRIDGE AND SINCLAIR ENGINEERING PTY LTD v LAW SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and POWELL JJA 9 June 1994, 18 August 1994 [1994] NSWCA 348

Workers Compensation — Pain and suffering — Lump sum award — Apportionment of- Interest On — Rate of — Date from which payable.

In relation to the latter claim, Burke CCJ made an award for $20,000, that sum — which Burke CCJ did not apportion between pre — and post — award pain and suffering — to carry interest at the rate of 18% from the date of injury to the date of award, and at the rate of 8% from the date of award until payment.

In May 1988, L, who had been employed by W as a sheet metal worker, sustained serious injuries to his hand as a result of an accident which occurred in the course of his employment.

In 1991, an Application was filed in the Compensation Court on behalf of L seeking as against W, which had gone out of business, a continuing award for weekly compensation on the grounds of partial incapacity, awards pursuant to s66, and s67 of the Workers Compensation Act 1987, an award for s60 expenses and interest pursuant to s19 of the Compensation Court Act 1984.

In April 1991, Terms of Settlement dealing with the Application for an award under s66 were filed.

In February 1992, the Application, insofar as it sought awards for weekly compensation and pursuant to s67, were dealt with by Burke CCJ.

W appealed in relation to so much of the award as related to the claim under s67, claiming, first, that, in the circumstances, the amount of the award should have been apportioned; second, that only the amount of the pre-award pain and suffering should have carried interest prior to award; and, finally, that the rate of 18% was excessive.

ORDERS

1. ORDER that the Appeal be upheld.

2. ORDER that the Award and Orders of Burke CCJ be varied in the following respects: