Skinner v The State of New South Wales (No.3) [2021] NSWDC 115

Skinner v The State of New South Wales (No.3) [2021] NSWDC 115

The defendant's pre-proceeding settlement offer was capable of falling within s 151M(4)(a)(iii), and the plaintiff did not prove that the defendant's $425,000 offer was unreasonable when made, given the complexity of liability and damages, uncertainty about the extension of time, and the plaintiff's own...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 April 2021
Procedural Posture
Civil Work Injury Damages Proceeding / Consequential and Dispositive Orders After Reasons for Judgment
Outcome
Judgment for the plaintiff in the sum of $743,780.00; claim for interest refused; each party to bear their own costs, including costs of the plaintiff's application for leave to commence the proceeding.
Legal Topics
['interest Under S 151 M of the Workers Compensation Act 1987 (nsw)' 'reasonableness of Settlement Offer' 'costs of Ancillary Proceedings' 'application for Leave to Commence Proceeding Under S 151 D of the Workers Compensation Act 1987 (nsw)']
['practice and Procedure' 'costs' 'workers Compensation' 'work Injury Damages'] ['interest Under S 151 M of the Workers Compensation Act 1987 (nsw)' 'reasonableness of Settlement Offer' 'costs of Ancillary Proceedings' 'application for Leave to Commence Proceeding Under S 151 D of the Workers Compensation Act 1987 (nsw)']

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Procedural Posture

Civil Work Injury Damages Proceeding / Consequential and Dispositive Orders After Reasons for Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to interest on damages under s 151M of the Workers Compensation Act 1987 (NSW).' 'Whether an offer of settlement for s 151M(4)(a)(iii) is confined to an offer made after proceedings have commenced.' "Whether the defendant's settlement offer of $425,000 clear of workers compensation payments was unreasonable having regard to the information available when it was made." "Whether a special costs order should be made for the plaintiff's application for leave to commence the proceeding under s 151D of the Workers Compensation Act 1987 (NSW)."]

Ratio Decidendi

The defendant's pre-proceeding settlement offer was capable of falling within s 151M(4)(a)(iii), and the plaintiff did not prove that the defendant's $425,000 offer was unreasonable when made, given the complexity of liability and damages, uncertainty about the extension of time, and the plaintiff's own disproportionate offer. Accordingly the plaintiff was not entitled to interest. Although the s 151D leave application was an ancillary proceeding, the proper order was costs in the cause; because the final costs position was that each party bear its own costs under the Workers Compensation Regulation 2016 (NSW), the plaintiff was not entitled to a separate costs order for that application.

Court Disposition

Judgment for the plaintiff in the sum of $743,780.00; claim for interest refused; each party to bear their own costs, including costs of the plaintiff's application for leave to commence the proceeding.

Orders

  • ['The plaintiff has judgment for the sum of $743,780.00.' "Each party should bear their own costs of the proceeding, including the costs of the plaintiff's application for leave to commence the proceeding."]