K & E George Pty Ltd v Survery [2009] NSWSC 1044

New South Wales Supreme Court

CITATION : K & E George Pty Ltd v Survery [2009] NSWSC 1044

HEARING DATE(S) : 25 September 2009

JUDGMENT DATE : 2 October 2009

JUDGMENT OF : Harrison J

1. Order pursuant to s 100 of the Civil Procedure Act 2005 that the first defendant pay interest to the plaintiff on payments made by the plaintiff to the second defendant from the date of each payment to date at rates prescribed by Schedule 5 of the Uniform Civil Procedure Rules 2005. DECISION : 2. Order the first defendant to pay the plaintiff's costs of these proceedings. 3. Order that there be no order for costs of the plaintiff for any participation by it in the medical negligence proceedings 2006/20221 in this Court.

CATCHWORDS : INTEREST – where employer makes payments of compensation to an injured worker in circumstances creating a liability in a third party to pay damages in respect of the injury – where the employer commences separate proceedings against the third party for declarations and orders under s 151Z Workers' Compensation Act 1987 for repayment and indemnity – where employer claims interest on payments made to worker – where entitlement to interest not in dispute – question of "conventional practice" to apply Court rates - whether employer entitled to interest at UCPR Schedule 5 rates or market rates – COSTS – whether employer entitled to costs of proceedings when repayments made or conceded by third party without orders being pronounced – whether reasonable or necessary to commence proceedings

Civil Procedure Act 2005 LEGISLATION CITED : Uniform Civil Procedure Rules Workers' Compensation Act 1987

CATEGORY : Procedural and other rulings