Youth Off the Streets Incorporated v Wingecarribee Shire Council [2002] NSWSC 549

New South Wales Supreme Court

CITATION : Youth Off the Streets Incorporated v Wingecarribee Shire Council [2002] NSWSC 549 FILE NUMBER(S) : SC 20115/02 HEARING DATE(S) : 11/06/02, 17/06/02 JUDGMENT DATE : 24 June 2002

PARTIES : Plaintiff: Youth Off the Streets Incorporated Defendant: Wingecarribee Shire Council JUDGMENT OF : Cripps AJ at 1

COUNSEL : Plaintiff: M Jenkins Defendant: s Gascott SOLICITORS : Plaintiff: PW Turk & Associates Defendant: Phillips Fox CATCHWORDS : Workers Compensation Act 1987 (NSW) - s151Z(d) - workers compensation payments - interest Workers Compensation Act 1987 (NSW) LEGISLATION CITED : District Court Act (1983) NSW Supreme Court Act (1970) NSW Kwanchi Pty Ltd v Kocsis (1996) 40 NSWLR 270 CASES CITED : Howard Rotavator Pty Ltd v Wilson (1987) 8 NSWLR 498 Watson v Newcastle City Council (1962) 10 CLR 426 DECISION : I award the plaintiff the sum of $6,715.50 interest and enter judgment accordingly. I order the defendant to pay the plaintiff's costs of these proceedings.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Cripps AJ

24 June 2002

20115/02 Youth off the Streets Incorporated v Wingecarribee Shire Council

JUDGMENT 1 His Honour: The plaintiff, Youth off the Streets Incorporated, was the employer of Lisa Marie Haynes who, on 26 April 1999 suffered personal injury in the course of her employment by reason of the negligent conduct of the Wingecarribee Shire Council, the defendant.

2 Pursuant to it's obligations under the Workers Compensation Act 1987 (NSW) ("the Act") the plaintiff made weekly payments to Ms Haynes together with certain medical expenses.