The Court held that past medical expenses paid by a workers compensation insurer and not repayable by the plaintiff under s 151A WCA must be excluded from damages against a third-party tortfeasor, as they do not represent a loss suffered by the plaintiff. Where the Synergy Scaffolding formula under s 151Z(2)(c) produces a negative result due to the reduction of the third-party tortfeasor's damages, the formula cannot be applied and the damages figure stands without further adjustment. Interest under s 151M WCA was refused where the plaintiff's dishonesty about his living arrangements and work capacity prevented the defendant from making a reasonable assessment for settlement purposes, and costs were denied under UCPR r 42.34 where the judgment fell well below $500,000 and the plaintiff's own dishonesty had inflated the claim beyond District Court jurisdiction.
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