Collins v Sydney Ports Corporation [2012] NSWSC 1316

Supreme Court New South Wales

Medium Neutral Citation: Collins v Sydney Ports Corporation [2012] NSWSC 1316 Hearing dates: 21 August 2012 Decision date: 31 October 2012 Jurisdiction: Common Law Before: Harrison J Decision: Parties to bring in short minutes of the orders that they agree give effect to my conclusions, or in the absence of agreement, the orders for which they respectively contend. Catchwords: WORKERS' COMPENSATION - assessment and amount of compensation - entitlement to cost of funds management - contribution between joint tortfeasors with respect to cost of funds management - entitlement to pre-judgment interest - entitlement to interest on past payments of weekly compensation

PROCEDURE - costs - costs as between plaintiff and first defendant - general rule costs follow the event - costs as between plaintiff and second defendant - costs as between co-defendants - costs apportioned to reflect respective liabilities of first and second defendants

STATUTES - by-laws and regulations - construction - breach of statutory duty Legislation Cited: Civil Procedure Act 2005 Construction Safety Act 1912 Construction Safety Regulation 1950 Law Reform (Miscellaneous Provisions) Act 1946 Uniform Civil Procedure Rules 2005 Workers Compensation Act 1987 Workers Compensation Regulation 2010 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Ace Semi Trailer Sales Pty Ltd v Zurich Australia Ltd [2009] NSWCA 381 Collins v Sydney Ports Corporation [2012] NSWSC 115 Corbett v Toll Stevedoring Pty Ltd [2007] NSWSC 749 Dean v Stockland Property Management Pty Ltd (No 2) [2010] NSWCA 141 Estate of the late M T Mutton v Howard Haulage Pty Ltd [2007] NSWCA 340 Pritchard v Trius Constructions Pty Limited [No 2] [2011] NSWSC 1114 Roads and Traffic Authority v Ryan [2005] NSWCA 34; (2005) 62 NSWLR 609 Trustee for the Salvation Army (NSW) Property Trust v Becker (No 2) [2007] NSWCA 194 Unsworth v Commissioner for Railways [1958] HCA 41; (1958) 101 CLR 73 Ziliotto v Dr Hakim (No. 2) [2012] NSWSC 1079 Category: Consequential orders Parties: Philip Collins (Plaintiff) Sydney Ports Corporation (First Defendant) Australian Winch & Haulage Company Pty Ltd (Second Defendant) Representation: P R Stockley (Plaintiff) A B Parker (First Defendant) M T McCulloch SC with S Maybury (Second Defendant) Higgins & Higgins (Plaintiff) Hicksons (First Defendant) HWL Ebsworth (Second Defendant) File Number(s): 2009/296483