Howarth v Rail Corporation New South Wales (No 2) [2013] NSWSC 236

Howarth v Rail Corporation New South Wales (No 2) [2013] NSWSC 236

The plaintiff was not entitled to pre-judgment interest because, given the plaintiff's position in settlement discussions, it was not appropriate for RailCorp to make a separate written offer in accordance with s 151M(4)(a)(i) of the Workers Compensation Act 1987.

Parties
Plaintiff: Jodie Nicole Howarth; Third Defendant: Rail Corporation New South Wales (RailCorp)
Jurisdiction
Australia
Judgment Date
21 March 2013
Procedural Posture
Common Law Claim for Damages by Employee Against Employer / Final Judgment and Entry of Consequential Orders Post Trial
Outcome
Judgment for the Plaintiff against the Third Defendant for damages; no award of pre-judgment interest; no order as to costs.
Legal Topics
Pre Judgment Interest, Damages, Settlement Offers, Workers Compensation Act 1987 S 151 M
Employment Law Workers Compensation Personal Injury Pre Judgment Interest Damages Settlement Offers Workers Compensation Act 1987 S 151 M

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Parties

Jodie Nicole Howarth

Plaintiff

Rail Corporation New South Wales (RailCorp)

Third Defendant

Procedural Posture

Common Law Claim for Damages by Employee Against Employer / Final Judgment and Entry of Consequential Orders Post Trial

Legal Issues

  1. 1 Whether plaintiff is entitled to pre-judgment interest under s 151M of the Workers Compensation Act 1987

Ratio Decidendi

The plaintiff was not entitled to pre-judgment interest because, given the plaintiff's position in settlement discussions, it was not appropriate for RailCorp to make a separate written offer in accordance with s 151M(4)(a)(i) of the Workers Compensation Act 1987.

Court Disposition

Judgment for the Plaintiff against the Third Defendant for damages; no award of pre-judgment interest; no order as to costs.

Orders

  • Judgment entered for the Plaintiff against the Third Defendant in the sum of $1,380,238.
  • No orders as to costs.