Denis Crowther t/as Top Gun Cycles Nominal Defendant [2006] NSWLC 2

Local Court of New South Wales

CITATION: Denis Crowther t/as Top Gun Cycles Nominal Defendant [2006] NSWLC 2 JURISDICTION: Civil PARTIES: Denis Crowther t/as Top Gun Cycles Nominal Defendatn FILE NUMBER: 111621 of 2005 PLACE OF HEARING: Balmain Local Court DATE OF DECISION: 02/10/2006 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Workers compensation - Recovery action - Assessment of quantum LEGISLATION CITED: Motor Accidents Act 1988 s 79 Workers Compensation Act 1987 s 151 Z (1) (d) CASES CITED: Medlin v State Government Insurance Commission (1995) 182 CLR 1 REPRESENTATION: Mr M.J Jenkins instructed by Turkslegal Solicitors MR P Garling SC instructed by Holman Webb Solicitors ORDERS: 1. Verdict for the plaintiff in the sum of $14,862.01 plus interest calculated from 17 June 1999 by the Registrar pursuant to s 100 Civil Procedure Act. Judgment accordingly.; 2. Costs to follow the event in a sum agreed or assessed.

Judgment

1. The plaintiff's action in this matter is brought pursuant to s.151Z(1)(d) of the Workers Compensation Act 1987 seeking recovery of a sum paid in workers' compensation to a bicycle courier, Mr James Morley, who was injured in an accident near the Queen Victoria Building in George St, Sydney on 13 September 1991.

2. On 9 December 2005, I gave reasons for deciding that there ought be a verdict for the plaintiff. The issue of quantum, however, was left open as I had not received submissions from the defendant on that question. Both parties have now ventilated their respective positions in relation to that issue.

3. The plaintiff claims a sum of $19,249.50 in respect of workers' compensation paid, together with interest pursuant to s.100 of the Civil Procedure Act 2005.