BCP v Secretary (Department of Communities and Justice) & Ors

The case BCP v Secretary (Department of Communities and Justice) & Ors involved the claimant seeking interest on a lump sum death benefit under section 109 of the Workplace Injury Management and Workers Compensation Act 1998. The claimant, BCP, sought interest from the date the claim was made, which was opposed by the first respondent, the Secretary of the Department of Communities and Justice. The case was heard and determined by a court that made orders for the apportionment of the lump sum and directed written submissions on the issue of interest, which were to be considered at a preliminary conference.

The legal issues before the court included the interpretation of section 109 of the Act, the determination of the date from which interest should accrue, and the appropriate rate of interest to be awarded. The court considered several precedents including Bennett v Jones, Beves v Patrick Stevedores No 2 Pty Ltd & Anor, Haidary v Wandella Pet Foods Pty Ltd, Kaur v Thales Underwater Systems Pty Ltd, Pheeney v Doolan (No 2) and Kathryn Ann Kratz as executrix of the estate of the late Owen Beddall v Qantas Airways Limited. These cases provided guidance on the principles of statutory interpretation and the award of interest in workers compensation claims.

In its reasoning, the court held that interest should be awarded from the date the claim was "duly made" at a rate of 2% above the Reserve Bank of Australia cash rate. The court determined that the interest should be apportioned in the same proportions as the lump sum. Additionally, the court ordered that any interest payable to the second and third respondents should be paid to the NSW Trustee and Guardian. The determinations made by the court provided clarity on the calculation of interest in workers compensation claims and the handling of interest payable to certain respondents.