KBH CONSTRUCTIONS PTY LTD (in liq) v CORREIA [1993] NSWCA 149

KBH CONSTRUCTIONS PTY LTD (in liq) v CORREIA [1993] NSWCA 149

There was no basis for holding that the trial judge made any error regarding interest; only the argued 'Gogic point' was in issue and the appellant's further interest arguments under s67 had not been pressed. The appeal is dismissed and orders are made as proposed for the respondent.

Parties
Appellant: KBH Constructions Pty Ltd (in liq); Respondent: Correia
Jurisdiction
Australia
Judgment Date
01 October 1993
Procedural Posture
Appeal / Final Judgment/orders After Reasons
Outcome
Appeal dismissed subject to limitation of the award under s66(2).
Legal Topics
Interest on Compensation, Permanent Impairment Awards
Workers Compensation Interest on Compensation Permanent Impairment Awards

Case Brief

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Parties

KBH Constructions Pty Ltd (in liq)

Appellant

Correia

Respondent

Procedural Posture

Appeal / Final Judgment/orders After Reasons

Legal Issues

  1. 1 Whether interest should be paid from date of injury on compensation awarded under s67 of the Workers' Compensation Act, 1987 in respect of 50% of the amount awarded
  2. 2 Whether the trial judge erred in the determination of the relevant interest point

Ratio Decidendi

There was no basis for holding that the trial judge made any error regarding interest; only the argued 'Gogic point' was in issue and the appellant's further interest arguments under s67 had not been pressed. The appeal is dismissed and orders are made as proposed for the respondent.

Court Disposition

Appeal dismissed subject to limitation of the award under s66(2).

Orders

  • Award to respondent under s66(2) of the Workers' Compensation Act, 1987 in the sum of $85,200.00 for various permanent impairments.
  • Permanent impairment of back: $25,560.00 (50% maximum).