Dyktynski v BHP

The appellant, Dyktynski, appealed to the Court of Appeal of New South Wales against a decision concerning the award of interest on costs. The dispute centred on whether interest was payable on a costs order made in favour of the appellant, and if so, from what date.

The primary legal issue before the Court of Appeal was the interpretation of section 110 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW) concerning the entitlement to interest on costs that had not been quantified at the time the costs order was made. The court was required to determine the date from which such interest should commence to accrue and the extent of the court's discretion in awarding interest.

The Court of Appeal, comprising Spigelman CJ, Meagher and Powell JJA, held that section 110 of the Act entitled the appellant to interest on the full amount of costs, even though those costs were not quantified at the time the initial order was made. The court reasoned that the purpose of the section was to compensate for the delay in payment of costs. Consequently, the judgment below was set aside, and in its place, a declaration was made that the appellant was entitled to interest on the full amount of costs. The respondent was ordered to pay the appellant's costs of the appeal and in the court below.