K & E George Pty Ltd v Survery [2009] NSWSC 1044

K & E George Pty Ltd v Survery [2009] NSWSC 1044

No particular or peculiar fact was shown to justify departing from the relevant rates prescribed by Schedule 5 of the Uniform Civil Procedure Rules 2005, so interest was ordered at those rates. It was reasonable and necessary for the plaintiff to commence these proceedings because, before commencement, Dr Survery had not accepted or offered to satisfy the plaintiff's claimed s 151Z entitlements; however, the plaintiff had no standing to participate in the related medical negligence proceedings and could not recover costs for that participation.

Jurisdiction
Australia
Judgment Date
02 October 2009
Procedural Posture
Procedural and Other Ruling in Proceedings for Interest, Costs, Declarations and Orders Under S 151 Z Workers' Compensation Act 1987 / Determination of Disputed Interest Rate and Costs
Outcome
Interest and costs ordered in favour of the plaintiff against the first defendant, with no order for plaintiff's costs of participation in the related medical negligence proceedings.
Legal Topics
['interest on Compensation Payments Made by Employer' "indemnity Under S 151 Z Workers' Compensation Act 1987" 'rates Prescribed by Schedule 5 of the Uniform Civil Procedure Rules 2005' 'costs of Separate Proceedings' 'standing to Participate in Related Medical Negligence Proceedings']
['workers Compensation' 'civil Procedure' 'costs'] ['interest on Compensation Payments Made by Employer' "indemnity Under S 151 Z Workers' Compensation Act 1987" 'rates Prescribed by Schedule 5 of the Uniform Civil Procedure Rules 2005' 'costs of Separate Proceedings' 'standing to Participate in Related Medical Negligence Proceedings']

Case Brief

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Procedural Posture

Procedural and Other Ruling in Proceedings for Interest, Costs, Declarations and Orders Under S 151 Z Workers' Compensation Act 1987 / Determination of Disputed Interest Rate and Costs

Legal Issues

  1. 1 ['Whether the plaintiff employer should receive interest on payments made to the second defendant at rates prescribed by Schedule 5 of the Uniform Civil Procedure Rules 2005 or at market or actual investment rates.' "Whether the first defendant should pay the plaintiff's costs of these proceedings despite repayment or concession occurring without substantive declarations or orders being pronounced." 'Whether the plaintiff should recover costs for its participation in the related medical negligence proceedings.']

Ratio Decidendi

No particular or peculiar fact was shown to justify departing from the relevant rates prescribed by Schedule 5 of the Uniform Civil Procedure Rules 2005, so interest was ordered at those rates. It was reasonable and necessary for the plaintiff to commence these proceedings because, before commencement, Dr Survery had not accepted or offered to satisfy the plaintiff's claimed s 151Z entitlements; however, the plaintiff had no standing to participate in the related medical negligence proceedings and could not recover costs for that participation.

Court Disposition

Interest and costs ordered in favour of the plaintiff against the first defendant, with no order for plaintiff's costs of participation in the related medical negligence proceedings.

Orders

  • ['Order pursuant to s 100 of the Civil Procedure Act 2005 that the first defendant pay interest to the plaintiff on payments made by the plaintiff to the second defendant from the date of each payment to date at rates prescribed by Schedule 5 of the Uniform Civil Procedure Rules 2005.' "Order the first defendant to...