A statutory indemnity claim under s.138 of the Accident Compensation Act 1985 (Vic) is sui generis and does not attract interest on judgment under s.60(1) of the Supreme Court Act 1986. The notional assessment of damages under s.138(3)(b) is confined to damages for pecuniary and non-pecuniary loss payable 'in respect of the injury' and does not include damages in the nature of interest. The practical construction of s.138 involves using s.138(3)(a) for past compensation paid and s.138(3)(b) as a ceiling on future indemnity.
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