ARKLOW PTY LTD (TRADING AS CHAMPION PRESS) v TAAVAO [1992] NSWCA 10

ARKLOW PTY LTD (TRADING AS CHAMPION PRESS) v TAAVAO [1992] NSWCA 10

It was an error of law for the trial judge to award interest on compensation for future pain and suffering; interest should be awarded only on the component of compensation referable to pain and suffering up to the date of trial, and not for future pain and suffering.

Parties
Appellant: Arklow Pty Ltd (Trading as Champion Press); Respondent: Taavao
Jurisdiction
Australia
Judgment Date
11 June 1992
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
Workers Compensation, Interest on Damages, Pain and Suffering, Judicial Discretion, Legal Error
Compensation Law Tort Law Workers Compensation Interest on Damages Pain and Suffering Judicial Discretion Legal Error

Case Brief

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Parties

Arklow Pty Ltd (Trading as Champion Press)

Appellant

Taavao

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether interest can be awarded on compensation for pain and suffering likely to be suffered post-judgment under s67 of the Workers Compensation Act 1987
  2. 2 Whether the learned judge erred in law in awarding interest on the whole sum, including for future pain and suffering

Ratio Decidendi

It was an error of law for the trial judge to award interest on compensation for future pain and suffering; interest should be awarded only on the component of compensation referable to pain and suffering up to the date of trial, and not for future pain and suffering.

Court Disposition

Appeal upheld

Orders

  • Order of the trial judge varied by substituting $25,000 for $30,000 in para4 of the award of 28 September 1990 upon which interest is payable
  • Otherwise, the award is confirmed