NAJDOVSKI v CRNOJLOVIC (NO. 2) [2008] NSWCA 281

New South Wales Court of Appeal

CITATION: NAJDOVSKI v CRNOJLOVIC (NO. 2) [2008] NSWCA 281

HEARING DATE(S): 29 April 2008

JUDGMENT DATE: 30 October 2008

JUDGMENT OF: Allsop P at 1; Basten JA at 2; Windeyer J at 39

In addition to orders (1) and (3) made on 1 August 2008, the Court orders:

(1A) In lieu of the judgment given on 9 June 2006 in the District Court: DECISION: (a) give judgment for the appellant in the amount of $842,493;

(b) direct that the judgment take effect from the date of judgment at trial, namely 9 June 2006.

CATCHWORDS: INTEREST – pre-judgment interest – whether s 137 of the Motor Accidents Compensation Act 1999 (NSW) limits or replaces entitlement of plaintiff to interest on damages, under s 100 of the Civil Procedure Act 2005 (NSW), in relation to motor accidents – whether judgment for amount exceeding offer by more than 20% demonstrates unreasonableness of offer – whether offer reasonable having regard to expert evidence about extent of plaintiff's injuries – whether offer took into account chance that plaintiff would have been found contributorily negligent – whether claim for pre-judgment interest at trial – Civil Procedure Act 2005 (NSW) s 100 – Motor Accidents Compensation Act 1999 (NSW) s 137 - INTEREST – post-judgment interest – whether post-judgment interest awarded for amount of judgment outstanding because of increased award on appeal – Civil Procedure Act 2005 (NSW) s 101 - MOTOR ACCIDENTS – damages – pre-judgment interest – whether s 137 of the Motor Accidents Compensation Act 1999 (NSW) limits or replaces entitlement of plaintiff to interest on damages, under s 100 of the Civil Procedure Act 2005 (NSW), in relation to motor accidents – Civil Procedure Act 2005 (NSW) s 100 – Motor Accidents Compensation Act 1999 (NSW) s 137 - STATUTORY INTERPRETATION – purpose of including interest in award of damages and constraining award of interest – comparison of rules relating to awarding costs, where reasonable offer made, but not accepted, and awarding interest under s 137(4) – legislative history – Motor Accidents Act 1988 (NSW) s 73 – Motor Accidents Compensation Act 1999 (NSW) 137(4) - WORDS & PHRASES – "appropriate" – "reasonable" – "unreasonable"