MHG Plastic Industries Pty Ltd v Zickar

MHG Plastic Industries Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Compensation Court of New South Wales. The dispute concerned a claim for workers' compensation by Zickar (the respondent) following a collapse at work. The Compensation Court had awarded the respondent compensation under sections 66 and 67 of the *Workers Compensation Act 1987* (NSW), and importantly, had also awarded interest on those compensation payments pursuant to section 19A of the *Compensation Court Act 1984* (NSW).

The primary legal issue before the Court of Appeal was whether the Compensation Court had erred in awarding interest on the compensation payments. This question turned on the impact of the *WorkCover Legislation Amendment Act 1995* (NSW) on the respondent's entitlement to interest, and specifically, whether interest had been properly claimed by the respondent in accordance with the relevant legislative provisions.

The Court of Appeal considered the effect of the *WorkCover Legislation Amendment Act 1995* on the retrospective application of interest provisions. It was held that the amendment did not extinguish the respondent's right to claim interest. The Court found that the respondent had, in fact, made a claim for interest. Consequently, the Compensation Court had acted within its powers in awarding interest on the compensation payments.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.