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[2025] NSWDC 426
General information, not legal advice.
District Court of NSW
2025-10-23
Acting Judge Levy SC
Original judgment source is linked above.
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
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
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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Oliver
State of New South Wales