MHG Plastic Industries Pty Ltd v Zickar [1999] NSWCA 366

MHG Plastic Industries Pty Ltd v Zickar [1999] NSWCA 366

The medical reports were served between solicitors in pending Compensation Court proceedings and were clearly referable only to claims under s66 and s67. In the context of the worker's 1989 application, the employer would have been in no doubt that, if liability were established, the worker claimed his maximum entitlement under the Workers Compensation Act 1987, including under s66 and s67. The reports therefore supplied particulars sufficient to enable the employer to ascertain the nature and amount of compensation claimed, and the Compensation Court was correct to award interest from 24 May 1990.

Jurisdiction
Australia
Judgment Date
08 October 1999
Procedural Posture
Workers' Compensation Appeal / Appeal to the New South Wales Court of Appeal From the Compensation Court Concerning an Award of Interest on Compensation Payments
Outcome
Appeal dismissed with costs.
Legal Topics
['interest on Compensation Payments' 'lump Sum Compensation Under S66 and S67' 'transitional Provisions Following Work Cover Amendments' 'particulars Sufficient to Ascertain Nature and Amount of Compensation Claimed']
["workers' Compensation"] ['interest on Compensation Payments' 'lump Sum Compensation Under S66 and S67' 'transitional Provisions Following Work Cover Amendments' 'particulars Sufficient to Ascertain Nature and Amount of Compensation Claimed']

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Procedural Posture

Workers' Compensation Appeal / Appeal to the New South Wales Court of Appeal From the Compensation Court Concerning an Award of Interest on Compensation Payments

Legal Issues

  1. 1 ['Whether the Compensation Court was precluded by clause 1(a) of Schedule 6 Part 11 of the Workers Compensation Act 1987 from ordering interest on s66 and s67 compensation.' 'Whether medical reports served in the pending Compensation Court proceedings were particulars sufficient to enable the employer to ascertain the nature and amount of compensation claimed.' 'Whether the worker had claimed the relevant heads of compensation before filing the notice of motion for interest on 17 June 1998.']

Ratio Decidendi

The medical reports were served between solicitors in pending Compensation Court proceedings and were clearly referable only to claims under s66 and s67. In the context of the worker's 1989 application, the employer would have been in no doubt that, if liability were established, the worker claimed his maximum entitlement under the Workers Compensation Act 1987, including under s66 and s67. The reports therefore supplied particulars sufficient to enable the employer to ascertain the nature and amount of compensation claimed, and the Compensation Court was correct to award interest from 24 May 1990.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']