DM & BP Wiskich Pty Ltd v Boral Bricks Pty Ltd [2012] NSWDC 145

DM & BP Wiskich Pty Ltd v Boral Bricks Pty Ltd [2012] NSWDC 145

Because the related proceedings established Boral's responsibility for Mr Cosmidis's injuries, with no contributory negligence by Mr Cosmidis and no negligence by the employer, and because the compensation amount was not disputed, the plaintiff was entitled to judgment for the compensation payments plus interest.

Jurisdiction
Australia
Judgment Date
13 September 2012
Procedural Posture
Civil Claim in Negligence for Recovery of Workers' Compensation Payments Under S 151 Z(1)(d) of the Workers' Compensation Act 1987 / Principal Judgment
Outcome
Verdict and judgment for the plaintiff against the defendant in the sum of $251,859.13 including interest to the date of judgment.
Legal Topics
['negligence' 'subrogated Claim by Employer' "recovery of Workers' Compensation Payments" 'interest on Damages' 'costs']
['torts' 'workers Compensation' 'civil Procedure'] ['negligence' 'subrogated Claim by Employer' "recovery of Workers' Compensation Payments" 'interest on Damages' 'costs']

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

Civil Claim in Negligence for Recovery of Workers' Compensation Payments Under S 151 Z(1)(d) of the Workers' Compensation Act 1987 / Principal Judgment

Legal Issues

  1. 1 ["Whether the plaintiff employer was entitled under s 151Z(1)(d) of the Workers' Compensation Act 1987 to recover workers' compensation payments made to its employee from the defendant tortfeasor." 'Whether the plaintiff was entitled to interest on the recovery amount to the date of judgment.']

Ratio Decidendi

Because the related proceedings established Boral's responsibility for Mr Cosmidis's injuries, with no contributory negligence by Mr Cosmidis and no negligence by the employer, and because the compensation amount was not disputed, the plaintiff was entitled to judgment for the compensation payments plus interest.

Court Disposition

Verdict and judgment for the plaintiff against the defendant in the sum of $251,859.13 including interest to the date of judgment.

Orders

  • ['Verdict and judgment for the plaintiff DM & BP Wiskich Pty Ltd against the defendant, Boral Bricks Pty Limited, in the sum of $251,859.13 including interest to the date of judgment.' "The defendant, Boral Bricks Pty Limited, is to pay the plaintiff's costs of the proceedings on the ordinary basis, unless otherwise...