STATE RAIL AUTHORITY OF NEW SOUTH WALES v SEBLANI [1995] NSWCA 448

STATE RAIL AUTHORITY OF NEW SOUTH WALES v SEBLANI

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE and SHELLER JJA 11 April 1995, 16 June 1995 [1995] NSWCA 448

WORKERS COMPENSATION ACT — COMPENSATION COURT ACT — AWARD OF INTEREST — respondent's father killed at work while employed by appellant — son claimed against appellant — death took place before s19(1) of Compensation Court Act 1984 came into force — judge ordered interest to be paid for the time of the accrual of the claim — appellant claimed (1) judge had no power to award interest for period before s19(1) came into operation, or (2) in exercise of discretion should not have awarded interest for that period. Held: the trial judge was within both power and proper exercise of discretion in awarding interest from the time of the accrual of the appellant's liability to respondent and not from the time of enactment of s 19(1).

ORDERS Appeal dismissed with costs.

Priestley JA Only one question is raised by this appeal, which depends upon the following facts.

Mr J Seblani (the respondent) was born on 21 June 1973. In 1976 his father, Mr F Seblani was working for the appellant, the State Rail Authority of New South Wales (SRA), as a shunter. Mr F Seblani was killed at work on 11 August 1976. The respondent was then totally dependent on his father.

Upon Mr F Seblani's death, the son became entitled to make a claim against SRA under s25 of the Workers Compensation Act 1926 (the 1926 Act). At that time the Workers Compensation legislation made no provision for the ordering of payment of interest on an award from the time of the accrual of the claim to the date of the making of the award.

When the Compensation Court was created by the Compensation Court Act 1984, the Act included s19(1) which provided:

"In any proceedings in the Court, the Court may order that there shall be included, in any sum to be paid, interest at such rate as it thinks fit on the whole or any part of the sum for the whole or any part of the period between the date when the cause of action arose and the date when the sum is payable."