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

[2025] NSWDC 426

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

1. 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.

2. 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.

3. 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.

4. Accordingly, 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);

5. No further orders as to costs are required.

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Decision last updated: 23 October 2025