Palmer v Allianz Australia Workers' Compensation (NSW) Limited (No 2)

The parties to the case were Palmer, the plaintiff, and Allianz Australia Workers' Compensation (NSW) Limited, the defendant. The dispute arose from a workers' compensation claim where the plaintiff sought to recover damages for past and future economic loss. The case was heard in the District Court of New South Wales. The primary issues before the court were the commencement date for Consumer Price Index (CPI) adjustments, the calculation of a multiplier for future economic loss, and the plaintiff's entitlement to costs, including interest on the final offer.

The court had to determine the appropriate date from which CPI adjustments should commence for past economic loss, given differing submissions by the parties. It also needed to decide the correct method of calculating the multiplier for future economic loss, which the plaintiff argued should be based on a different approach than that used by the defendant. Furthermore, the court had to address the plaintiff's entitlement to costs, including whether interest should be included in the assessment of the quantum of the plaintiff's final offer and the rate at which such interest should be calculated.

In its decision, the court found that the appropriate commencement date for CPI adjustments was as submitted by the plaintiff, and not the defendant. Regarding the calculation of the multiplier for future economic loss, the court rejected the plaintiff's proposed method and upheld the defendant's approach. As for the plaintiff's entitlement to costs, the court held that interest should be included in the assessment of the quantum of the final offer, and that this interest should be calculated from the date of the final offer rather than the date of judgment. The court also found that the plaintiff was entitled to costs under the relevant legislation, as the defendant's offer was not as favourable as the plaintiff's final offer.

The court ordered the parties to bring in short minutes of order to give effect to the Reasons for Decision and the previous Reasons for Decision dated 4 April 2019. Additionally, the parties were directed to prepare calculations necessary to substantiate the various elements of the award of damages.