Kabic v AAI Limited t/as GIO (No 2) [2019] NSWCA 311

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kabic v AAI Limited t/as GIO (No 2) [2019] NSWCA 311 Hearing dates: On the papers; Respondent's submissions filed 1 November 2019; Appellant's submissions filed 8 November 2019 Decision date: 19 December 2019 Before: Meagher JA at [1]; White JA at [1]; McCallum JA at [1] Decision: (1) Set aside order 1 entered on 16 March 2018 and in its place give judgment for the appellant against the respondent in the sum of $986,464.91. (2) Order that as between the appellant and the respondent such judgment is to take effect as and from 16 March 2018. (3) Judgment for the second cross respondent against the respondent/cross appellant pursuant to s 151Z(1)(d) of the Workers Compensation Act 1987 (NSW) in the amount of $545,115.73. (4) The respondent/cross appellant pay interest to the second cross respondent in the amount of $157,227.80. (5) In relation to Orders 1 and 3 above note: (a) payment of the amount of $545,115.73 is to be made to the second cross respondent by the respondent/cross appellant; (b) payment of the above amount of $545,115.73 to the second cross respondent satisfies and discharges the appellant's obligation, pursuant to s 151Z(1)(b) of the Workers Compensation Act 1987 (NSW), to repay workers compensation payments made to him by the second cross respondent in the agreed amount of $545,115.73; (c) payment of the above amount of $545,115.73 to the second cross respondent pursuant to s 151Z(1)(e1) of the Workers Compensation Act 1987 (NSW) partly satisfies and partly discharges the respondent/cross appellant's obligation to the appellant, pursuant to the order against it and in favour of the appellant entered on 16 March 2018 as substituted by Order 1 above; and (d) payment of the sum of $441,349.18 and interest thereon pursuant to s 101 of the Civil Procedure Act 2005 (NSW) satisfies the appellant's judgment as against the respondent/cross appellant. Catchwords: JUDGMENTS AND ORDERS — interest — award of on judgment — where appeal successful — whether post-judgment interest should run from date of first instance orders or orders allowing appeal Legislation Cited: Civil Procedure Act 2005 (NSW), ss 100, 101 Workers Compensation Act 1987 (NSW), s 151Z Civil Liability Act 2002 (NSW), s 14B