GEORGIEVSKA v STATE RAIL AUTHORITY OF NEW SOUTH WALES [1998] NSWCA 90

GEORGIEVSKA v STATE RAIL AUTHORITY OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY and STEIN JJA and FITZGERALD AJA 19 November 1998, 19 November 1998

[1998] NSWCA 90

WORKERS' COMPENSATION — assessment of damages — Workers' Compensation Act 1926 (NSW) — payments under s15 — effect on assessment of damages

The appellant was injured when she fell on the premises of the defendant in the course of a journey to or from her place of work. The trial Judge assessed the damages payable to the appellant. Before the judgment had been perfected the respondent filed a notice of motion to vary the pre-judgment interest allowed on the award for past economic loss to take account of payments by the appellant's employer under the Workers' Compensation Act 1926 (NSW). The trial Judge granted this motion and reduced the allowance for interest. The appellant appealed challenging the awards for general damages and past and future economic loss in the initial judgment, as well as the reduction in the allowance for pre-judgment interest.

HELD: Dismissing the appeal: (1) The trial Judge made no error in her assessments for general damages and past and future economic loss. (2) The trial Judge was correct in taking into account a payment by the appellant's employer under s15 to redeem its liability for weekly payments. While such payments were not "compensation" within the meaning of the 1926 Act, it did not follow that they could be disregarded in the assessment of damages, particularly for prejudgment interest.

Gosper v Christopherson (1986) 160 CLR 423 considered; Harris v Commercial Minerals Ltd (1996) 186 CLR 1 applied.

Handley JA This is an appeal by the plaintiff from the assessment of her damages by Justice Simpson. She was injured when she tripped and fell on premises of the defendant in the course of a journey to or from her place of work. Liability ceased to be an issue and in her first judgment, delivered on 19 November 1996, her Honour assessed the plaintiff's damages at $160,973.