Palmer v Allianz Australia Workers' Compensation (NSW) Limited (No 2) [2019] NSWDC 358

District Court New South Wales

Medium Neutral Citation: Palmer v Allianz Australia Workers' Compensation (NSW) Limited (No 2) [2019] NSWDC 358 Hearing dates: 20 June 2019 Date of orders: 24 July 2019 Decision date: 24 July 2019 Jurisdiction: Civil Before: Weber SC DCJ Decision: The parties are directed to:

1. Bring in short minutes of order which give effect to these Reasons for Decision and the Court's Reasons for Decision dated 4 April 2019.

2. Prepare for provision to the Court such calculations as may be necessary to substantiate the various elements of the award of damages. Catchwords: WORKERS' COMPENSATION - assessment and amount of compensation - past economic loss- commencement date for CPI adjustments - future economic loss - calculation of multiplier

COSTS- Party/Party - plaintiff's entitlement to costs - whether Court's order no less favourable than plaintiff's final offer- whether interest to be included in assessing the quantum of the plaintiff's final offer - whether such interest is to be calculated at the date of the final offer or the date of judgment – deemed offers under Reg 97 of Workers Compensation Regulation 2016 – payment of interest under s 151M of Workers Compensation Act 1987

CIVIL PROCEDURE - Jurisdiction - Jurisdictional limit of the District Court - whether Court has unlimited jurisdiction over defendant's cross claim - whether cross claim can be characterised as a work injury damages claim - where principal proceeding is a work injury damages claim - where cross claim seeking contribution from third party Legislation Cited: Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Judicature Act 1875 (UK) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Workers Compensation Act 1987 (NSW) Workers Compensation Regulation 2016 (NSW) Cases Cited: Electric Light & Power Supply Corporation Ltd v Electricity Commission of NSW (1956) 94 CLR 554 Fuller v Avichem Pty Ltd [2019] NSWDC 125 Insurance Exchange of Australasia v Dooley (2000) 50 NSWLR 222 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Mansfield v Director of Public Prosecutions for Western Australia (2006) 226 CLR 486 Randstad Pty Ltd v Nasralla [2016] NSWSC 232 South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312 The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194 Category: Procedural and other rulings Parties: Gary Palmer (Plaintiff) Allianz Australia Workers' Compensation (NSW) Limited (Defendant; Cross Claimant 1) Downer EDI Works Pty Limited (Cross Defendant 1; Cross Claimant 2) Cambra Holdings Pty. Ltd (Cross Defendant 2) Representation: Counsel: Plaintiff: Mr E Romaniuk SC; Mr P Menary Defendant / Cross Claimant 1: Mr F Doak Cross Defendant 1 / Cross Claimant 2: Mr H Chiu Cross Defendant 2: Mr R Smith