Recent Cases

Synergy Scaffolding Services Pty Ltd v Alelaimat (No 2) [2024] NSWCA 11 (07 February 2024) (Meagher and Kirk JJA, Simpson AJA)


Catchwords:


WORKERS COMPENSATION — damages for personal injury — Workers Compensation Act 1987 (NSW) s 151Z — whether employer able to claim recovery of compensation payments from third party tortfeasor under s 151Z(1)(d) in circumstances where employer was joint tortfeasor — construction of s 151Z(2)(e) — whether worker “does not accept satisfaction of the judgment against that employer” — liability of worker to repay compensation out of damages under s 151Z(1)(b)

COSTS — where appellant enjoyed partial success on appeal — where multiple cross-claims dismissed — no issue of principle