Jurd v Grain Corp [2002] NSWCC 32

Jurd v Grain Corp [2002] NSWCC 32

The Court exercised its discretion under s 110(3) of the Workplace Injury Management Act 1998 to order that interest be paid on the principal sum of $28,126.65, but only for the period from 1 May 2001 to 29 October 2001, not from the date of the original order, given that negotiations were ongoing and payment was made shortly after finalisation of amounts.

Jurisdiction
Australia
Judgment Date
05 July 2002
Procedural Posture
Notice of Motion / Decision on Interest and Costs
Outcome
Interest awarded on costs for a specified period; costs of the notice of motion awarded to applicant; counsel fees certified.
Legal Topics
['payment of Interest on Costs' 'discretion Under S 110 Workplace Injury Management Act 1998']
['costs' 'interest'] ['payment of Interest on Costs' 'discretion Under S 110 Workplace Injury Management Act 1998']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion / Decision on Interest and Costs

Legal Issues

  1. 1 ['Whether interest is payable on costs and disbursements under s 110 of the Workplace Injury Management Act 1998' 'From what date, if any, interest should be awarded on the costs' 'Whether the Court should exercise its discretion to refuse, vary or alter the period for which interest is payable']

Ratio Decidendi

The Court exercised its discretion under s 110(3) of the Workplace Injury Management Act 1998 to order that interest be paid on the principal sum of $28,126.65, but only for the period from 1 May 2001 to 29 October 2001, not from the date of the original order, given that negotiations were ongoing and payment was made shortly after finalisation of amounts.

Court Disposition

Interest awarded on costs for a specified period; costs of the notice of motion awarded to applicant; counsel fees certified.

Orders

  • ['Respondent to pay interest on $28,126.65 from 1 May 2001 to 29 October 2001.' "Respondent to pay applicant's costs on the notice of motion." 'Certification of counsel fees on the notice of motion at Supreme Court rate.']