HOLLAND v MULLINS NEWSAGENCY PTY LTD [1996] NSWCA 249

HOLLAND v MULLINS NEWSAGENCY PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and COLE JJA 23 July 1996, 23 July 1996

[1996] NSWCA 249

Workers Compensation benefits amendment act — interest on award for non-economic loss — date from which interest should run — interest allowed on whole sum

Clarke JA The appellant was injured during the course of her employment on 12 October 1987. She sued her employer, claiming damages in respect of her injuries, and her case was heard by Justice Newman and a jury at Wagga Wagga on 26, 27 and 28 July 1994.

At the end of the trial the jury found a verdict for the appellant, and awarded her damages which included a component for non-economic loss which was quantified at $81,000. This sum represented 45 percent of $180,000, which was the maximum sum which could be awarded for non-economic loss under s151G of the Workers Compensation Act 1987 in respect of an injury which occurred in 1987.

Following the jury verdict, his Honour ruled that he would award the appellant interest on the non-economic loss calculated upon the basis that interest be allowed on one half of the jury award, that is $40,500, and half the average court rate of interest from the date of injury to the date of Judgment.

The appellant has appealed from that decision, and on the appeal three questions arose:

(1) Should the interest run from the date of accident, 12 October 1987, or the date when the relevant section of the Workers Compensation Benefits Amendment Act 1989 was proclaimed, that is, 1 February 1990?

(2) Should interest be calculated at ordinary commercial rates, or at some other rate?

(3) Should interest be allowed on the total figure of $81,000 or some lesser sum representing the compensation for the loss suffered to the date of trial only?

Before the hearing, the parties agreed that the answer to question (2) had been provided by the High Court in Andgelic v Marsden (1996) 70 ALJR 435, and was to the effect that commercial rate should be applied.