Stewart v Mayne Nickless Ltd [2001] NSWCC 3

Stewart v Mayne Nickless Ltd [2001] NSWCC 3

The applicant is entitled to interest on the net sum of $40,083.72, representing the difference between compensation entitled and Social Security payments received, from 3 December 1984 to 17 June 1998 at 6% per annum. The delay by the applicant was sufficiently explained and does not disentitle him from interest.

Parties
Applicant: Kevin Eric Stewart; Respondent: Mayne Nickless Ltd
Jurisdiction
Australia
Judgment Date
13 March 2001
Procedural Posture
Workers Compensation / Post Award Motion for Interest and Costs
Outcome
Interest awarded to applicant; respondent to pay costs.
Legal Topics
Interest on Arrears, Delay in Prosecution, Entitlement to Compensation
Workers Compensation Interest on Arrears Delay in Prosecution Entitlement to Compensation

Case Brief

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Parties

Kevin Eric Stewart

Applicant

Mayne Nickless Ltd

Respondent

Procedural Posture

Workers Compensation / Post Award Motion for Interest and Costs

Legal Issues

  1. 1 Whether the applicant is entitled to interest on arrears of weekly compensation from 3 December 1984
  2. 2 Whether delay in prosecution disentitles the applicant from interest
  3. 3 Calculation of interest on net arrears after offsetting Social Security payments

Ratio Decidendi

The applicant is entitled to interest on the net sum of $40,083.72, representing the difference between compensation entitled and Social Security payments received, from 3 December 1984 to 17 June 1998 at 6% per annum. The delay by the applicant was sufficiently explained and does not disentitle him from interest.

Court Disposition

Interest awarded to applicant; respondent to pay costs.

Orders

  • Respondent to pay interest on $40,083.72 at 6% per annum from 3 December 1984 to 17 June 1998.
  • Respondent to pay applicant's costs of the notice of motion filed 15 February 2001.