Toll Pty Ltd v Harradine (No 2) [2017] NSWCA 75

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Toll Pty Ltd v Harradine (No 2) [2017] NSWCA 75 Hearing dates: On the papers Decision date: 10 April 2017 Before: Meagher JA, Sackville AJA, Schmidt J Decision: 1. In lieu of Orders 1 and 2 made by the primary Judge on 3 March 2016 make the following orders: (1) Judgment for the plaintiff (Worker) in the sum of $660,898.00. (2) Note that the defendant (Toll) is entitled to a credit of $71,631.00 for workers compensation payments already made to the Worker. (3) Note that Toll is further entitled to a credit of $400,000.00 pursuant to an order made by McLoughlin DCJ on 4 April 2016. (4) No order as to the costs of the District Court proceedings, with the intent that each party should bear his or its own costs. 2. No order as to the costs of the appeal with the intent that each party should bear his or its own costs. Catchwords: COSTS – proceedings unsuccessfully claiming damages under the Motor Accidents Compensation Act 1999 (NSW) – consequence is that damages are assessed under the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (WIM Act) – whether proceedings "in relation to a claim for work injury damages" within s 346(1) of the WIM Act Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Interpretation Act 1987 (NSW), s 30(1)(c), (e) Motor Accidents Compensation Act 1999 (NSW) Workers Compensation Act 1987 (NSW), Pt 5 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 346, Pt 6