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

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

Given delay between verdict and final determination on appeal, and no claim for pre-judgment interest, it is just to order that judgment for Mr Kabic against GIO takes effect from 16 March 2018, enabling post-judgment interest from that date; agreed sums and orders clarify payment obligations under workers compensation indemnity and interest statutes.

Parties
Appellant/first Cross Respondent: Milan Kabic; Respondent/cross Appellant: AAI Limited t/as GIO; Second Cross Respondent: Workers Compensation Nominal Defendant
Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Appeal / Court of Appeal Decision on Short Minutes/orders Following Earlier Reasons
Outcome
Appeal allowed in part; cross-appeal dismissed; orders as per short minutes
Legal Topics
Judgments and Orders, Interest on Judgment, Backdating Judgment, Variation of Orders, Indemnity Under Workers Compensation
Costs Civil Procedure Workers Compensation Judgments and Orders Interest on Judgment Backdating Judgment Variation of Orders Indemnity Under Workers Compensation

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Parties

Milan Kabic

Appellant/first Cross Respondent

AAI Limited t/as GIO

Respondent/cross Appellant

Workers Compensation Nominal Defendant

Second Cross Respondent

Procedural Posture

Appeal / Court of Appeal Decision on Short Minutes/orders Following Earlier Reasons

Legal Issues

  1. 1 Whether post-judgment interest should run from the date of first instance orders or from orders allowing appeal
  2. 2 Appropriate backdating of judgment following successful appeal
  3. 3 Entitlement to pre-judgment and post-judgment interest

Ratio Decidendi

Given delay between verdict and final determination on appeal, and no claim for pre-judgment interest, it is just to order that judgment for Mr Kabic against GIO takes effect from 16 March 2018, enabling post-judgment interest from that date; agreed sums and orders clarify payment obligations under workers compensation indemnity and interest statutes.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; orders as per short minutes

Orders

  • Set aside order 1 entered on 16 March 2018 and give judgment for appellant against respondent for $986,464.91.
  • Order that as between appellant and respondent such judgment takes effect from 16 March 2018.