Aldridge v Marr Contracting Pty Ltd (No 2)

The case of Aldridge v Marr Contracting Pty Ltd (No 2) involved a claim for damages where the plaintiff sought to recover interest on the component of damages representing past wage loss. The dispute was heard in the NSW Supreme Court. The defendant argued that the plaintiff was not entitled to interest on the past wage loss component because they had not made an offer of settlement within the time limit prescribed by section 151M of the Workers Compensation Act 1987 (NSW). The court had to determine whether interest was payable on the past wage loss component of damages, and if the defendant had a reasonable opportunity to make an offer of settlement.

The key legal issue was whether interest was payable on the past wage loss component of damages and if the defendant had a reasonable opportunity to make an offer of settlement. The court considered whether the statutory provisions in section 151M of the Workers Compensation Act 1987 (NSW) required the defendant to make an offer of settlement within a specific time limit and if the absence of such a limit meant that the defendant had a reasonable opportunity to make an offer. The court also needed to determine whether the defendant's failure to make an offer of settlement precluded the plaintiff from recovering interest on the past wage loss component.

The court held that interest was payable on the past wage loss component of damages. The court found that section 151M did not impose a specific time limit on the defendant's offer of settlement, meaning that the defendant had a reasonable opportunity to make such an offer. As the defendant failed to make an offer of settlement, the plaintiff was entitled to recover interest on the past wage loss component of damages. The court emphasised that the absence of a time limit in section 151M meant that the defendant's failure to make an offer did not preclude the plaintiff from recovering interest.

The final orders of the court were that interest was payable on the component of damages representing past wage loss. The court's decision clarified the recoverability of interest on past wage loss components of damages in cases where the defendant had a reasonable opportunity to make an offer of settlement under the Workers Compensation Act 1987 (NSW).