Workers Compensation Nominal Insurer v Jamal (No.2) [2022] NSWDC 105

Workers Compensation Nominal Insurer v Jamal (No.2) [2022] NSWDC 105

The plaintiff's reimbursement claim was a claim for the recovery of money, enlivening the discretion to award interest under s 100 of the Civil Procedure Act 2005 (NSW). In the absence of any submissions from the defendant showing good cause to refuse interest, interest was awarded as calculated by the plaintiff,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Civil; Costs and Interest / Application for Interest and Costs Dealt With on the Papers After Judgment for the Plaintiff With Liberty to Apply
Outcome
Application for interest and costs granted.
Legal Topics
['interest on Judgment' 'recovery of Money' 'offer of Compromise' 'indemnity Costs' 'uninsured Employer Reimbursement']
['civil Procedure' 'workers Compensation' 'costs' 'interest'] ['interest on Judgment' 'recovery of Money' 'offer of Compromise' 'indemnity Costs' 'uninsured Employer Reimbursement']

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Procedural Posture

Civil; Costs and Interest / Application for Interest and Costs Dealt With on the Papers After Judgment for the Plaintiff With Liberty to Apply

Legal Issues

  1. 1 ['Whether the proceedings were a claim for the recovery of money so that interest could be awarded under s 100 of the Civil Procedure Act 2005 (NSW).' 'Whether interest should be awarded on the judgment sum and at what rate.' 'Whether the plaintiff was entitled to indemnity costs after the defendant failed to accept an offer of compromise.']

Ratio Decidendi

The plaintiff's reimbursement claim was a claim for the recovery of money, enlivening the discretion to award interest under s 100 of the Civil Procedure Act 2005 (NSW). In the absence of any submissions from the defendant showing good cause to refuse interest, interest was awarded as calculated by the plaintiff, with post-judgment interest under s 101. The plaintiff's offer of compromise complied with the UCPR, was a genuine compromise, and the judgment obtained was no less favourable than the offer, so indemnity costs were ordered from the relevant date.

Court Disposition

Application for interest and costs granted.

Orders

  • ['By way of variation of order 1 of my orders of 22 February 2022, order that the defendant pay interest on the judgment sum of $46,005.59 to the date of judgment, together with interest accruing at $29.04 per day thereafter on the whole of this sum or such adjusted rate as is appropriate in the event of part...