Group 4 Securitas v Naidu [2005] NSWCA 470

New South Wales Court of Appeal

CITATION: Group 4 Securitas v Naidu [2005] NSWCA 470

HEARING DATE(S): 13 December 2005

JUDGMENT DATE: 13 December 2005

JUDGMENT OF: Ipp JA at 22; Basten JA at 1; Brownie AJA at 23

DECISION: Appliction for leave to appeal dismissed with costs.

CATCHWORDS: DAMAGES – application for leave to appeal against an order for interim payment made pursuant to s82(1) of the Civil Procedure Act 2005 (NSW) – whether claimant had been denied procedural fairness in that it had not had an opportunity to present full submissions as to why an order should not be made under s82 – whether the case falls within any of the three paragraphs of subs 82(3) of the Civil Procedure Act – the term "judgment" in paragraph (b) of subs 82(3) construed – the interaction of s82 of the Civil Procedure Act and s151B(1)(b) of the Workers Compensation Act 1987 (NSW), now repealed – whether an order that the appellant is not entitled to recover workers compensation payments out of the money ordered to be paid is contrary to the appellant's statutory entitlement to recovery under s151B(1)(b) – whether the failure to take into account the compensation payment rendered the separate contributions of the two defendants disproportionate, and therefore contrary to the requirements of s82(5) and (6).

Civil Procedure Act 2005 (NSW) LEGISLATION CITED: Workers Compensation Act 1987 (NSW)

Group 4 Securitas Pty Ltd (Claimant) Devandar Naidu (First Opponent) PARTIES: Nationwide News Limited (Second Opponent)

FILE NUMBER(S): CA 40729/05

G. Parker (Claimant) COUNSEL: B. Slowgrove (First Opponent) S. Torrington (Second Opponent)