Aldridge v Marr Contracting Pty Ltd (No 2) [2013] NSWDC 324

Aldridge v Marr Contracting Pty Ltd (No 2) [2013] NSWDC 324

Because information enabling a proper assessment of the plaintiff's claim was given to the defendant, and because the defendant had a reasonable opportunity to make a written offer of settlement when it was appropriate to do so but made no such offer, s 151M permitted interest to be awarded on the component of damages representing past wage loss.

Jurisdiction
Australia
Judgment Date
29 August 2013
Procedural Posture
Civil Claim for Damages Against Former Employer; Consequential Application for Interest / After Judgment on Liability and Damages, Determination of Interest on Past Wage Loss Component
Outcome
Interest payable on the component of damages representing past wage loss.
Legal Topics
['interest on Damages' 'past Wage Loss' 'offer of Settlement' 's 151 M Workers Compensation Act 1987 (nsw)']
['civil Law' 'workers Compensation' 'personal Injury Damages'] ['interest on Damages' 'past Wage Loss' 'offer of Settlement' 's 151 M Workers Compensation Act 1987 (nsw)']

Case Brief

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Procedural Posture

Civil Claim for Damages Against Former Employer; Consequential Application for Interest / After Judgment on Liability and Damages, Determination of Interest on Past Wage Loss Component

Legal Issues

  1. 1 ["Whether interest was payable on the component of damages representing the plaintiff's past wage loss." "Whether information enabling a proper assessment of the plaintiff's claim had been given to the defendant." 'Whether the defendant had a reasonable opportunity to make an offer of settlement and whether it was appropriate to do so under s 151M of the Workers Compensation Act 1987 (NSW).']

Ratio Decidendi

Because information enabling a proper assessment of the plaintiff's claim was given to the defendant, and because the defendant had a reasonable opportunity to make a written offer of settlement when it was appropriate to do so but made no such offer, s 151M permitted interest to be awarded on the component of damages representing past wage loss.

Court Disposition

Interest payable on the component of damages representing past wage loss.

Orders

  • ['Interest is payable on that component of the damages representing the past wage loss.']