Briggs v State of New South Wales (No 2) [2015] NSWDC 299

District Court New South Wales

Medium Neutral Citation: Briggs v State of New South Wales (No 2) [2015] NSWDC 299 Hearing dates: 11 December 2015 Date of orders: 16 December 2015 Decision date: 16 December 2015 Jurisdiction: Civil Before: Levy SC DCJ Decision: See paragraph [36] for orders Catchwords: INTEREST – pursuant to s 151M of the Workers' Compensation Act 1987 in workplace injury damages claim – SLIP RULE – amendment to previous costs orders – STAY– order for stay pending appeal Legislation Cited: Civil Procedure Act 2005, s 101 Workers Compensation Act 1987, s 151M. s 151D Workplace Injury Management and Workers Compensation Act 1998, s 318 Cases Cited: Briggs v State of New South Wales [2015] NSWDC 235 Category: Consequential orders (other than Costs) Parties: Ryan Briggs (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr T Ower (Plaintiff) Mr L Morgan (Defendant)

Solicitors: Harris Wheeler Lawyers (Plaintiff) HWL Ebsworth (Defendant) File Number(s): 2015/84738 Publication restriction: None

Judgment

Background 1. On 23 October 2015, in these workplace injury damages proceedings the principal judgment was given in favour of the plaintiff in the sum of $969,136 plus costs: Briggs v State of New South Wales [2015] NSWDC 235.

Applications for further orders 1. On 11 December 2015, at the request of the parties, the matter was relisted for further argument on consequential matters. These comprised first, an application by the plaintiff pursuant to s 151M of the Workers' Compensation Act 1987 ("the Act") for interest on the assessed damages, secondly, slip rule amendments to the previous cost orders to properly reflect the orders that were intended, and thirdly, an application by the defendant for a stay of the judgment pending an appeal to the Court of Appeal as the defendant has filed a Notice of Intention to Appeal.