Luke v Workers Compensation Nominal Insurer [2009] NSWSC 930

Luke v Workers Compensation Nominal Insurer [2009] NSWSC 930

The court refused to make the declaration sought in order 5, holding that such a declaration in interlocutory proceedings could fetter the discretion of the trial judge and was inappropriate, as it involved considerations of law and fact to be determined at trial.

Parties
Applicant: Gary Luke; Respondent: Workers Compensation Nominal Insurer - A State Government Statutory Authority
Jurisdiction
Australia
Judgment Date
07 September 2009
Procedural Posture
Common Law / Interlocutory Application
Outcome
The application for the declaration sought in order 5 is dismissed.
Legal Topics
Declaration in Interlocutory Proceedings, Assessment of Damages, Costs of Funds Management, Loss of Earning Capacity
Practice and Procedure Workers Compensation Declaration in Interlocutory Proceedings Assessment of Damages Costs of Funds Management Loss of Earning Capacity

Case Brief

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Parties

Gary Luke

Applicant

Workers Compensation Nominal Insurer - A State Government Statutory Authority

Respondent

Procedural Posture

Common Law / Interlocutory Application

Legal Issues

  1. 1 Whether the court should declare that assessment of damages for loss of earning capacity includes an award for costs of funds management under s 151G of the Workers Compensation Act 1987
  2. 2 Whether such a declaration is appropriate at interlocutory stage

Ratio Decidendi

The court refused to make the declaration sought in order 5, holding that such a declaration in interlocutory proceedings could fetter the discretion of the trial judge and was inappropriate, as it involved considerations of law and fact to be determined at trial.

Court Disposition

The application for the declaration sought in order 5 is dismissed.

Orders

  • Application for declaration in order 5 dismissed.
  • Declaration in order 4 not made.