Oliver v State of New South Wales (No. 2)

District Court

New South Wales

Medium Neutral Citation: Oliver v State of New South Wales (No. 2) [2025] NSWDC 426
Hearing dates: On the papers
Date of orders: 23 October 2025
Decision date: 23 October 2025
Jurisdiction: Civil
Before: Acting Judge Levy SC
Decision:
In lieu of orders (2) and (3) made on 29 August 2025, I make the following orders:
(1) Verdict for the plaintiff in the assessed sum of $3,400,591.61 including interest assessed at $550,000 pursuant to s 151M of the Workers’ Compensation Act 1987 (NSW);
(2) Judgment for the plaintiff in the net sum of $2,851,575.21 including interest after deducting payments for workers’ compensation paid to the plaintiff in the amount of $549,016.40 pursuant to s 87B of the Workers’ Compensation Act 1987 (NSW);

Catchwords:
TORTS – DAMAGES – interest on damages assessed pursuant to s 151M of Workers’ Compensation Act 1987 (NSW)

Legislation Cited:
Workers’ Compensation Act 1987 (NSW), s 151M

Cases Cited:
Oliver v State of New South Wales [2025] NSWDC 340.

Category: Consequential orders
Parties: Jillian Oliver (Plaintiff)
State of New South Wales (Defendant)
Representation:
Counsel:
Mr J Morris SC with Mr T Ower (Plaintiff)
Mr D E Baran (Defendant)
Solicitors:
Cardillo Gray Partners (Plaintiff)
Moray & Agnew (Defendant)

File Number(s): 2024/00088030
Publication restriction: None

JUDGMENT

On 29 August 2025 judgment was delivered in these proceedings in favour of the plaintiff: Oliver v State of New South Wales [2025] NSWDC 340.
In that decision the plaintiff received a verdict in her favour with damages assessed in the amount of $2,301,575.21. After allowing for the offset of credits for amounts already paid by the defendant totalling $549,106.40, judgment was entered in favour of the plaintiff in the amount of $2,301,575.21.
Pursuant to s 151M of the Workers’ Compensation Act (NSW) 1987, the plaintiff is entitled to interest on those damages. The parties have now reached an agreement on the correct calculation of interest in the sum of $550,000.
Accordingly, in lieu of orders (2) and (3) made on 29 August 2025, I make the following orders:

Verdict for the plaintiff in the assessed sum of $3,400,591.61 including interest assessed at $550,000 pursuant to s 151M of the Workers’ Compensation Act 1987 (NSW);

Judgment for the plaintiff in the net sum of $2,851,575.21 including interest after deducting payments for workers’ compensation paid to the plaintiff in the amount of $549,016.40 pursuant to s 87B of the Workers’ Compensation Act 1987 (NSW);

No further orders as to costs are required.

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CaseChat Overview and Summary

The case of Oliver v State of New South Wales (No. 2) involved a dispute between the plaintiff, Oliver, and the defendant, the State of New South Wales, regarding damages and interest assessed under the Workers’ Compensation Act 1987 (NSW). The plaintiff sought compensation for injuries sustained during the course of employment, which resulted in significant damages. The matter was heard and determined by the court, which had to navigate the complex statutory framework governing workers' compensation and the assessment of damages and interest.

The primary legal issues that the court had to decide included the proper calculation of damages in accordance with the Workers’ Compensation Act 1987 (NSW) and the application of section 151M of the Act, which deals with the assessment of interest on damages. The court also had to consider whether any deductions should be made from the damages awarded under section 87B of the Act, which pertains to payments for workers' compensation already made to the plaintiff. The court's task was to interpret the statutory provisions accurately and apply them to the facts of the case to arrive at a just and equitable outcome for the plaintiff.

In reaching its decision, the court meticulously reviewed the statutory provisions and the evidence presented. It determined that the damages awarded to the plaintiff should include interest assessed at $550,000 pursuant to section 151M of the Workers’ Compensation Act 1987 (NSW). The court also found that deductions were appropriate under section 87B of the Act, as the plaintiff had already received workers' compensation payments amounting to $549,016.40. Consequently, the court adjusted the total damages to reflect these statutory requirements, resulting in a net judgment for the plaintiff of $2,851,575.21.

The final orders of the court were that the plaintiff was awarded a verdict in the assessed sum of $3,400,591.61 including interest, and a net judgment of $2,851,575.21 after appropriate deductions for workers' compensation payments. This decision clarified the application of the statutory provisions in assessing damages and interest in workers' compensation cases and provided a definitive resolution to the dispute.

Orders of the court

In lieu of orders (2) and (3) made on 29 August 2025, I make the following orders:

(1) Verdict for the plaintiff in the assessed sum of $3,400,591.61 including interest assessed at $550,000 pursuant to s 151M of the Workers’ Compensation Act 1987 (NSW);

(2) Judgment for the plaintiff in the net sum of $2,851,575.21 including interest after deducting payments for workers’ compensation paid to the plaintiff in the amount of $549,016.40 pursuant to s 87B of the Workers’ Compensation Act 1987 (NSW);

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Oliver v State of New South Wales (No. 2) [2025] NSWDC 426
Hearing dates:	On the papers
Date of orders:	23 October 2025
Decision date:	23 October 2025
Jurisdiction:	Civil
Before:	Acting Judge Levy SC
Decision:	In lieu of orders (2) and (3) made on 29 August 2025, I make the following orders: (1) Verdict for the plaintiff in the assessed sum of $3,400,591.61 including interest assessed at $550,000 pursuant to s 151M of the Workers’ Compensation Act 1987 (NSW); (2) Judgment for the plaintiff in the net sum of $2,851,575.21 including interest after deducting payments for workers’ compensation paid to the plaintiff in the amount of $549,016.40 pursuant to s 87B of the Workers’ Compensation Act 1987 (NSW);
Catchwords:	TORTS – DAMAGES – interest on damages assessed pursuant to s 151M of Workers’ Compensation Act 1987 (NSW)
Legislation Cited:	Workers’ Compensation Act 1987 (NSW), s 151M
Cases Cited:	Oliver v State of New South Wales [2025] NSWDC 340.
Category:	Consequential orders
Parties:	Jillian Oliver (Plaintiff) State of New South Wales (Defendant)
Representation:	Counsel: Mr J Morris SC with Mr T Ower (Plaintiff) Mr D E Baran (Defendant) Solicitors: Cardillo Gray Partners (Plaintiff) Moray & Agnew (Defendant)
File Number(s):	2024/00088030
Publication restriction:	None