LEXINGTON CONSTRUCTIONS PTY LTD v COYNE [1992] NSWCA 134

LEXINGTON CONSTRUCTIONS PTY LTD v COYNE [1992] NSWCA 134

By majority, the Court of Appeal held that the determination of interest on lump sum awards under s66 and s67 Workers Compensation Act 1987 is discretionary and, in the absence of legal error or miscarriage of discretion, should not be disturbed on appeal. The tender of a cheque for the s66 amount did not mandatorily disentitle the worker to interest for the subsequent period as the trial judge had discretion to determine the relevant period. Interest on s67 awards should generally be apportioned so as not to award interest for pain and suffering attributable to the future, but in 'most extreme' cases where the statutory maximum is awarded for past suffering, a full interest award may be...

Parties
Appellant/employer: Lexington Constructions Pty Ltd; Respondent/worker: George Coyne
Jurisdiction
Australia
Judgment Date
24 December 1992
Procedural Posture
Appeal / Appeal From Compensation Court to Supreme Court of New South Wales Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Interest on Compensation Awards, Lump Sum Statutory Compensation, Powers of Appellate Court, Discretion in Awarding Interest, Compensation for Pain and Suffering
Workers' Compensation Civil Procedure Interest on Compensation Awards Lump Sum Statutory Compensation Powers of Appellate Court Discretion in Awarding Interest Compensation for Pain and Suffering

Case Brief

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Parties

Lexington Constructions Pty Ltd

Appellant/employer

George Coyne

Respondent/worker

Procedural Posture

Appeal / Appeal From Compensation Court to Supreme Court of New South Wales Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in awarding interest on lump sum compensation under s66 and s67 of the Workers Compensation Act 1987 at 12% from date of injury to date of award, notwithstanding the employer's proffer of a cheque prior to judgment and subsequent refusal by the worker to bank it;
  2. 2 Whether interest on the lump sum under s67 should be apportioned between past and future pain and suffering, so that interest is awarded only for past pain and suffering.

Ratio Decidendi

By majority, the Court of Appeal held that the determination of interest on lump sum awards under s66 and s67 Workers Compensation Act 1987 is discretionary and, in the absence of legal error or miscarriage of discretion, should not be disturbed on appeal. The tender of a cheque for the s66 amount did not mandatorily disentitle the worker to interest for the subsequent period as the trial judge had discretion to determine the relevant period. Interest on s67 awards should generally be apportioned so as not to award interest for pain and suffering attributable to the future, but in 'most extreme' cases where the statutory maximum is awarded for past suffering, a full interest award may be...

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Appellant to pay respondent's costs.