Synergy Scaffolding Services Pty Ltd v Alelaimat (No 2)

[2024] NSWCA 11

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Damages for personal injury
3. › Recovery against both employer and third party tortfeasor
4. › Whether employer able to claim recovery of compensation payments from third party tortfeasor under s 151Z(1)(d)
5. › Construction of s 151Z(2)(e)
6. › Whether worker 'does not accept satisfaction of the judgment against that employer'
7. › Workers Compensation Act 1987 (NSW), s 151Z
1. Workers Compensation
2. › Damages for personal injury
3. › Liability of worker to repay compensation out of damages
4. › Whether damages award should be reduced where worker's obligation to repay compensation contingent on future events
5. › Workers Compensation Act 1987 (NSW), ss 151A, 151Z(1)(b)
1. Costs
2. › Partial success on appeal
3. › Multiple cross-claims dismissed
4. › Apportionment of costs

Quick Take

In workers compensation cases where the employer is also a joint tortfeasor, damages cannot be reduced to account for compensation payments where the worker's obligation to repay those payments remains contingent on future enforcement choices, and section 151Z(2)(e) preconditions are assessed at the time of judgment, not predictively.