Luke v Workers Compensation Nominal Insurer [2009] NSWSC 930

New South Wales Supreme Court

CITATION : Luke v Workers Compensation Nominal Insurer [2009] NSWSC 930

HEARING DATE(S) : 7 September 2009

JUDGMENT DATE : 7 September 2009

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 7 September 2009

DECISION : The application for the declaration sought in order 5 is dismissed.

CATCHWORDS : Common Law - Practice and Procedure - whether a declaration that any assessment of damages for loss of earning capacity as defined in s 151G of the Workers Compensation Act 1987 includes an award for damages representing the costs of funds management should be made in interlocutory proceedings - advisory opinion - mediation - overriding purpose - applications for discrete consideraton of issues properly matters for the trial judge in interlocutory proceedings to be discouraged.

LEGISLATION CITED : Civil Procedure Act 2005 s 56(1), s 58, Workers Compensation Act 1987 s 151G

CATEGORY : Procedural and other rulings

PARTIES : Gary Luke Workers Compensation Nominal Insurer - A State Government Statutory Authority

FILE NUMBER(S) : SC 020109/09

COUNSEL : Mr C Hart (Applicant) Mr G Sarginson (Respondent)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROGRESSIVE LIST PRICE J

MONDAY 7 SEPTEMBER 2009

020109/09 GARY LUKE v WORKERS COMPENSATION NOMINAL INSURER - A STATE GOVERNMENT STATUTORY AUTHORITY

EX TEMPORE JUDGMENT 1 HIS HONOUR: On 12 March 2009, the plaintiff commenced proceedings against Mid Coast Roofing Pty Ltd for injuries sustained on 21 December 2004,when he fell from a roof in the course of his employment as a roof tiler with the defendant. The causes of action are negligence and/or breach of statutory duty. 2 By notice of motion filed on 12 June 2009 the plaintiff seeks the following: 4. A declaration that the plaintiff is unable to manage his affairs.