McGoldrick v Dendrobium Coal Pty Ltd (No.2) [2022] NSWSC 1744

McGoldrick v Dendrobium Coal Pty Ltd (No.2) [2022] NSWSC 1744

Because the plaintiff was a coal miner, the transitional provisions meant the repeal of ss 151M(2) and 151M(3) did not apply to him, so no interest could be awarded on damages for non-economic loss or past domestic assistance. The plaintiff's 25 May 2017 offer was exceeded by the judgment, and the later changes to the case did not justify an order denying indemnity costs because the defendant had maintained an untenable view of the plaintiff's entitlement to future economic loss. The costs reserved by Wright J were an ordinary incident of the litigation and, under r 42.7, formed part of the general costs order.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Workers Compensation Personal Injury Damages Claim / Consequential Orders on Remaining Damages, Interest and Costs
Outcome
Verdict and judgment for the plaintiff; interest on the claimed heads of damage refused; defendant ordered to pay costs on the usual basis to 25 May 2017 and on an indemnity basis thereafter.
Legal Topics
['interest on Damages' 'coal Miners' 'non Economic Loss' 'domestic Assistance' 'indemnity Costs' 'calderbank Offer' 'reserved Costs']
['workers Compensation' 'personal Injury' 'costs' 'civil Procedure'] ['interest on Damages' 'coal Miners' 'non Economic Loss' 'domestic Assistance' 'indemnity Costs' 'calderbank Offer' 'reserved Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Workers Compensation Personal Injury Damages Claim / Consequential Orders on Remaining Damages, Interest and Costs

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to interest on damages for non-economic loss and past domestic assistance.' "Whether the defendant should pay the plaintiff's costs on an indemnity basis after the plaintiff's 25 May 2017 offer." 'How the costs reserved by Wright J on the adjournment of the trial should be dealt with.' 'What final damages and costs orders should be made.']

Ratio Decidendi

Because the plaintiff was a coal miner, the transitional provisions meant the repeal of ss 151M(2) and 151M(3) did not apply to him, so no interest could be awarded on damages for non-economic loss or past domestic assistance. The plaintiff's 25 May 2017 offer was exceeded by the judgment, and the later changes to the case did not justify an order denying indemnity costs because the defendant had maintained an untenable view of the plaintiff's entitlement to future economic loss. The costs reserved by Wright J were an ordinary incident of the litigation and, under r 42.7, formed part of the general costs order.

Court Disposition

Verdict and judgment for the plaintiff; interest on the claimed heads of damage refused; defendant ordered to pay costs on the usual basis to 25 May 2017 and on an indemnity basis thereafter.

Orders

  • ['Verdict for the plaintiff in the sum of $898,691.86.' 'Judgment for the plaintiff, after allowance for monies paid by the defendant, in the sum of $812,008.07.' "Order the defendant to pay the plaintiff's costs of the proceedings on the usual basis up to and including 25 May 2017." "Thereafter, order the defendant...