Grant v Royal Rehabilitation Centre Sydney

The appeal in *Grant v Royal Rehabilitation Centre Sydney* concerned a dispute over the calculation of damages under section 151(1)(d) of the *Workers Compensation Act 1987* (NSW). The appellant, Mr. Grant, had suffered an injury and sought common law damages from his employer, the Royal Rehabilitation Centre Sydney. The primary judge, Christie DCJ, had made certain calculations regarding the damages and compensation paid. The appeal was heard by Mason P, Sheller JA, and Cole AJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the primary judge had correctly applied the steps mandated by section 151(1)(d) of the *Workers Compensation Act 1987*. This section requires a trial judge to first determine the common law damages that would have been recovered by the worker if they had sued for them, then determine the amount of compensation already paid, and finally deduct the latter from the former. The court had to consider if the primary judge had properly undertaken these distinct steps in reaching their judgment.

The Court of Appeal found that the primary judge had erred in their application of section 151(1)(d). Mason P, delivering the judgment of the court, indicated that the primary judge had not adequately performed the required steps, particularly in the determination of the common law damages. Consequently, the appeal was upheld, and the judgment and orders of Christie DCJ dated 13 May 1998 were set aside. The matter was remitted to the District Court for a rehearing, with the costs of the proceedings below to be costs in that rehearing. The respondent was ordered to pay the appellant's costs of the appeal, with the possibility of a certificate under the *Suitors Fund Act 1951* for the respondent if qualified.