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[2025] NSWDC 526
General information, not legal advice.
District Court of NSW
2025-12-12
Acting Judge Levy SC
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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: Palackalody v St Vincent’s Hospital Sydney Limited (No 2) [2025] NSWDC 526
Hearing dates: On the papers
Date of orders: 12 December 2025
Decision date: 12 December 2025
Jurisdiction: Civil
Before: Acting Judge Levy SC
Decision: (1) Verdict for the plaintiff in the assessed sum of $1,551,652.30 including interest assessed at $89,438 pursuant to s 151M of the Workers’ Compensation Act 1987 (NSW);
(2) Judgment for the plaintiff in the net sum of $1,294,277.30 including interest after deducting payments for workers’ compensation paid to the plaintiff in the amount of $257,375 pursuant to s 87B of the Workers’ Compensation Act 1987 (NSW);
(3) Note the agreement of the parties that the defendant is liable for the costs of the plaintiff’s counsel at the applicable rate prescribed for Senior Counsel under the Workers’ Compensation Regulations 2016.
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 87B, s 151M
Workers’ Compensation Regulations 2016
Cases Cited: Palackalody v St Vincent’s Hospital Sydney Limited [2025] NSWDC 496
Category: Consequential orders
Parties: Jiji Diji Palackalody (Plaintiff) St Vincent’s Hospital Sydney Limited (Defendant)
Representation: Counsel:
CT Barry KC and T Meakes (Plaintiff)
DS Stanton and N Hogan (Defendant)
Solicitors:
Allsworth Lawyers (Plaintiff)
Bartier Perry (Defendant)
File Number(s): 2023/00016566
Publication restriction: None
On 28 November 2025 judgment was delivered in these proceedings in favour of the plaintiff: Palackalody v St Vincent’s Hospital Sydney Limited [2025] NSWDC 496.
In that decision the plaintiff received a verdict in her favour with damages assessed in the amount of $1,462,214.30. After allowing for the offset of credits for amounts already paid by the defendant totalling $257,438, judgment was entered in favour of the plaintiff in the amount of $1,204,839.30.
Pursuant to s 151M of the Workers' Compensation Act 1987 (NSW), the plaintiff makes a claim for interest to be assessed on those damages. The parties have now reached an agreement on the correct calculation of interest in the sum of $89,438.
Accordingly, in lieu of orders (2) and (3) made on 28 November 2025, I make the following orders:
Verdict for the plaintiff in the assessed sum of $1,462,214.30 including interest assessed at $89,438 pursuant to s 151M of the Workers' Compensation Act 1987 (NSW);
Judgment for the plaintiff in the net sum of $1,551,652.30 including interest after deducting payments for workers' compensation paid to the plaintiff in the amount of $257,375 pursuant to s 87B of the Workers' Compensation Act 1987 (NSW);
Note the agreement of the parties that the defendant is liable for the costs of the plaintiff’s counsel at the applicable rate prescribed for Senior Counsel under the Workers’ Compensation Regulations 2016.
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Palackalody
St Vincent's Hospital Sydney Limited