Interest awarded on past general damages (non-economic loss) in dust diseases proceedings is protected from deduction under s12D of the Workers' Compensation (Dust Diseases) Act 1942. Pre-judgment interest on non-economic loss is not properly characterised as economic loss and forms an integral part of the damages for non-economic loss. The majority reached this conclusion by different reasoning: Sheller JA on the basis that no principle permits reduction of interest once the underlying damages are protected; Foster AJA on the basis that such interest is properly characterised as non-economic loss within s12D.
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