Event and Time
Event Description
- A nurse employed at Bankstown Hospital was assaulted and injured by a patient on Christmas Day, 25 December 2017.
- The plaintiff brought forth a common law claim for work injury damages against her employer, NSW Health Service.
- Judgment was awarded on 22 March 2024, amounting to $2,130,462.00 in damages.
- The plaintiff sought pre-judgment interest under the Workers Compensation Act 1987 (NSW) totaling $91,152.75.
Application and Claims
- The plaintiff claims entitlement to pre-judgment interest under s 151M of the Workers Compensation Act 1987 (NSW).
- The defendant contested the application for interest.
Judicial Decisions
- The court decided to award the plaintiff an additional interest of $91,152.75, bringing the total judgment to $2,221,614.72.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- Asserted that interest should be granted under provisions of s 151M due to the defendant’s failure to make reasonable offers in a timely manner. - Provided evidence to support that the amount awarded exceeded the highest offer made by the defendant by more than 20%.
- Defendant's Arguments:
- Asserted that it had a reasonable basis for its offers based on the available information at the time. - Contended that no interest should be applicable as they believed the offers made were reasonable, even in light of the awarded damages.
- Third Party Evidence:
- Two affidavits from Mr. Dous (plaintiff) and Mr. Medak (defendant) were submitted, detailing the parties' positions regarding the settlement offers and the assessment processes.