Berzins v QBE Insurance (Australia) Ltd [2014] NSWCA 196

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Berzins v QBE Insurance (Australia) Ltd [2014] NSWCA 196 Hearing dates: 13 June 2014 Decision date: 23 June 2014 Before: Gleeson JA at [1]; Sackville AJA at [2]; Simpson J at [62] Decision: 1. Appeal allowed. 2. Set aside the judgment for the appellant in the sum of $198,498.94. 3. In lieu thereof, enter judgment for the appellant in the sum of $262,860.53. 4. The Insurer pay the appellant's costs of the appeal, to be assessed on the basis that he has been unrepresented on the appeal. 5. Liberty to the parties to apply within 14 days to correct any error in the calculation of interest. 6. The Insurer, if otherwise qualified, to have a certificate under the Suitors' Fund Act 1951 (NSW). [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - personal injury - employee injured at work - whether the primary judge erred in determining the quantum of the employee's entitlements under employer's accident insurance policy - whether the employee was rendered totally disabled within the meaning of the policy - whether the employee's settlement of workers compensation and common law claims against the employer affected his entitlements under the policy