POLYCARPOU v AUSTRALIAN WIRE INDUSTRIES PTY LIMITED [NO 2] [1995] NSWCA 373

POLYCARPOU v AUSTRALIAN WIRE INDUSTRIES PTY LIMITED [NO 2] [1995] NSWCA 373

As the Court's orders had not been formally entered, it was empowered to vary its earlier announced orders to correct assumptions affected by the setting aside of the contributory negligence verdict, recalculating damages and interest accordingly and ordering costs in favour of the appellant.

Parties
Appellant: Polycarpou; Respondent: Australian Wire Industries Pty Limited
Jurisdiction
Australia
Judgment Date
18 April 1995
Procedural Posture
Civil Appeal / Post Judgment Order Correction
Outcome
Orders of the Court varied.
Legal Topics
Correction of Orders, Pre Judgment Interest, Contributory Negligence, Costs, Workers' Compensation Act 1926
Practice and Procedure Correction of Orders Pre Judgment Interest Contributory Negligence Costs Workers' Compensation Act 1926

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Parties

Polycarpou

Appellant

Australian Wire Industries Pty Limited

Respondent

Procedural Posture

Civil Appeal / Post Judgment Order Correction

Legal Issues

  1. 1 Whether the Court of Appeal can vary its earlier announced but unentered orders
  2. 2 Adjustment of pre-judgment interest following the setting aside of a contributory negligence finding
  3. 3 Effect of Workers' Compensation Act 1926 s 63(5) on judgment sum

Ratio Decidendi

As the Court's orders had not been formally entered, it was empowered to vary its earlier announced orders to correct assumptions affected by the setting aside of the contributory negligence verdict, recalculating damages and interest accordingly and ordering costs in favour of the appellant.

Court Disposition

Orders of the Court varied.

Orders

  • Amend order 3 of the orders of the Court dated 27 February 1995 to delete the figures $321,606 and substitute $486,879.
  • Delete order 7 and substitute the order that the respondent pay the appellant's costs of the trials.