SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCI 2016 0004
| GLENN STANLEY STARR | Applicant |
| v | |
| GREENFREIGHT (SERVICES) PTY LTD (ABN 44 004 674 462) | Respondent |
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| JUDGES: | OSBORN, BEACH and KAYE JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 6 September 2016 |
| DATE OF JUDGMENT: | 9 September 2016 |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 213 |
| JUDGMENT APPEALED FROM: | [2015] VSC 759 (T Forrest J) |
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ACCIDENT COMPENSATION – Damages – Interest – Damages in the nature of interest – Claim governed by s 134AB of Accident Compensation Act 1985 – Award of pain and suffering damages – Whether damages in nature of interest payable on award of pain and suffering damages – Eccles v Taylor [1995] 2 VR 482 applied – Application for leave to appeal granted – Appeal dismissed – Transport Accident Act 1986, s 93(15) – Accident Compensation Act 1985, s 134AB(34).
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr T Tobin QC with Mr M J G Waugh | Harris Lieberman Solicitors Pty Ltd |
| For the Respondent | Mr M F Wheelahan QC with Ms M Norton | Wisewould Mahony |
OSBORN JA
BEACH JA
KAYE JA:
The issue in this case is whether a worker who obtains a judgment for ‘pain and suffering damages’, as that expression is defined in s 134AB(37) of the Accident Compensation Act 1985 (‘the AC Act’), is entitled to damages in the nature of interest in relation to that award.[1]
[1]The expression ‘pain and suffering damages’ is defined in s 134AB(37) of the AC Act to mean ‘damages for pain and suffering, loss of amenities of life or loss of enjoyment of life’.
The plaintiff (who is the applicant in this Court) brought proceedings against his employer (the respondent) to recover common law damages pursuant to s 134AB of the AC Act. After an 8-day jury trial, the plaintiff obtained an award of pain and suffering damages in the sum of $245,000. The plaintiff then applied to the trial judge for an award of damages in the nature of interest. The judge rejected that application, holding that ss 134AB(34) and (35) of the AC Act precluded the award of any interest to the plaintiff.[2]
[2]Starr v Greenfreight (Services) Pty Ltd [2015] VSC 759 (‘Reasons’).
The plaintiff seeks leave to appeal and (if leave is granted) to appeal against the judge’s refusal to award him damages in the nature of interest. For the reasons given below, we have concluded that the trial judge’s decision was correct.
The relevant legislation
The issue in this case is one of statutory construction. That being so, it is necessary to start with the text of the relevant legislative provisions. Sections 134AB(34) and (35) provide:
(34)A court must not, in relation to an award of damages in accordance with this section, order the payment of interest, and no interest shall be payable, on any amount of damages, other than damages referable to loss actually suffered before the date of the award, in respect of the period from the date of the…
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- AGLC
- Starr v Greenfreight (Services) Pty Ltd [2016] VSCA 213
- Case
- [2016] VSCA 213
- Decision Date
CaseChat Overview and Summary
The court examined the relevant statutory provisions and considered the precedent set by Eccles v Taylor. It held that the claim was indeed governed by section 134AB and that damages in the nature of interest were not payable on pain and suffering damages. The court noted that the statutory scheme provided for specific compensation for different types of damages and that interest on pain and suffering damages was not part of this scheme. The court further held that the statutory provisions did not permit an award of damages in the nature of interest on pain and suffering damages. The appeal was subsequently dismissed.
The Supreme Court granted Starr leave to appeal to the Court of Appeal, but the Court of Appeal dismissed the appeal, affirming the earlier decision. The Court of Appeal held that the statutory provisions did not permit an award of damages in the nature of interest on pain and suffering damages and that the trial judge's interpretation of the relevant statutory provisions was correct. The Court of Appeal further held that the appeal did not raise a question of law of general public importance and that it was not in the interests of justice to grant leave to appeal. The orders of the Supreme Court were therefore affirmed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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