Craig v Toll Pty Limited t/as Toll Transport [2021] NSWSC 651

Craig v Toll Pty Limited t/as Toll Transport [2021] NSWSC 651

No binding agreement was reached under s 66A of the Workers Compensation Act 1987, as Mr Craig did not sign the proposed agreement, and no entitlement to permanent impairment compensation subsisted to prevent the payment or set-off of damages owed; accordingly, the court exercised its power to order set-off of costs and judgment sums as between the parties, totalling the net amounts, and gave directions for orders to reflect these findings and payment arrangements.

Jurisdiction
Australia
Judgment Date
03 June 2021
Procedural Posture
Personal Injury; Workers Compensation; Costs; Motions / Post Judgment Applications on Notices of Motion to Finalise Proceedings and Set Offs
Outcome
Orders made for set-off of costs and judgment sums, declaration that no enforceable s 66A agreement or subsisting compensation entitlement precludes payment, and directions for draft orders to be filed.
Legal Topics
['judgment Enforcement' 'set Off of Judgments' 'interest on Costs' 'workers Compensation Act S 66 a Agreements' 'effect of Discontinuance and Refusal to Enter Into Agreement' 'assessment and Allocation of Costs']
['personal Injury' 'workers Compensation' 'civil Procedure'] ['judgment Enforcement' 'set Off of Judgments' 'interest on Costs' 'workers Compensation Act S 66 a Agreements' 'effect of Discontinuance and Refusal to Enter Into Agreement' 'assessment and Allocation of Costs']

Case Brief

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Procedural Posture

Personal Injury; Workers Compensation; Costs; Motions / Post Judgment Applications on Notices of Motion to Finalise Proceedings and Set Offs

Legal Issues

  1. 1 ['Whether costs and judgment debts between the parties can be set off' 'Whether any valid agreement was entered under s 66A of the Workers Compensation Act 1987' 'Whether Mr Craig retains any workers compensation entitlement preventing payment of damages' 'What interest is payable on the costs and judgment sums, and from what dates']

Ratio Decidendi

No binding agreement was reached under s 66A of the Workers Compensation Act 1987, as Mr Craig did not sign the proposed agreement, and no entitlement to permanent impairment compensation subsisted to prevent the payment or set-off of damages owed; accordingly, the court exercised its power to order set-off of costs and judgment sums as between the parties, totalling the net amounts, and gave directions for orders to reflect these findings and payment arrangements.

Court Disposition

Orders made for set-off of costs and judgment sums, declaration that no enforceable s 66A agreement or subsisting compensation entitlement precludes payment, and directions for draft orders to be filed.

Orders

  • ['Order that Mr Craig pay half the costs paid by Toll to Allianz (set-off permitted)' "Declaration of set-off of those costs against Mr Craig's judgment amount including accrued interest" 'Declaration and order that Mr Craig owes Toll $3,646.94 in respect of Proceedings 914' 'Order that each party pay their own...