Dyktynski v BHP [2001] NSWCA 54

Dyktynski v BHP [2001] NSWCA 54

Section 110 gave the worker an entitlement to interest on the full amount of the agreed costs from the date the costs order was made, unless the Court otherwise ordered. An unquantified costs order is still an order to pay a sum, and in the absence of any counter motion by the employer seeking disallowance of interest, the Compensation Court erred in refusing the worker's application.

Jurisdiction
Australia
Judgment Date
14 February 2001
Procedural Posture
Workers Compensation Costs Appeal / Appeal From the Compensation Court of New South Wales Against Dismissal of a Notice of Motion Seeking Interest on Costs
Outcome
Appeal allowed; judgment below set aside; declaration made that the appellant is entitled to interest on the full amount of the agreed costs from 3 October 1997 until 15 September 1998.
Legal Topics
['interest on Costs' 'workplace Injury Management and Workers Compensation Act 1998 S 110' 'costs Orders for Unquantified Costs' 'date From Which Interest Runs']
['workers Compensation' 'costs'] ['interest on Costs' 'workplace Injury Management and Workers Compensation Act 1998 S 110' 'costs Orders for Unquantified Costs' 'date From Which Interest Runs']

Case Brief

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Procedural Posture

Workers Compensation Costs Appeal / Appeal From the Compensation Court of New South Wales Against Dismissal of a Notice of Motion Seeking Interest on Costs

Legal Issues

  1. 1 ["Whether an order that an employer pay a worker's costs is an order to pay a sum within s 110 of the Workplace Injury Management and Workers Compensation Act 1998 when the costs are unquantified at the time of the order." 'From what date interest runs on a costs order under s 110.' 'Whether an award of interest under s 110 depends on an exercise of discretion by the Compensation Court.']

Ratio Decidendi

Section 110 gave the worker an entitlement to interest on the full amount of the agreed costs from the date the costs order was made, unless the Court otherwise ordered. An unquantified costs order is still an order to pay a sum, and in the absence of any counter motion by the employer seeking disallowance of interest, the Compensation Court erred in refusing the worker's application.

Court Disposition

Appeal allowed; judgment below set aside; declaration made that the appellant is entitled to interest on the full amount of the agreed costs from 3 October 1997 until 15 September 1998.

Orders

  • ['Judgment below set aside.' 'In lieu thereof, a declaration that the appellant is entitled to interest on the full amount of the agreed costs as from 3 October 1997 and until 15 September 1998.' "Respondent to pay the appellant's costs of the appeal and of the motion before Judge O'Toole."]