Taylor v The Owners – Strata Plan No 11564 [2014] HCA 9

HIGH COURT OF AUSTRALIA

FRENCH CJ, CRENNAN, BELL, GAGELER AND KEANE JJ

SUSAN JOY TAYLOR IN HER OWN CAPACITY AND FOR AND ON BEHALF OF THE DEPENDANTS OF THE LATE CRAIG TAYLOR APPELLANT

AND

THE OWNERS – STRATA PLAN NO 11564 & ORS RESPONDENTS

Taylor v The Owners – Strata Plan No 11564 [2014] HCA 9 2 April 2014 S179/2013

ORDER

1. Appeal allowed.

2. Set aside orders 3 and 4 of the Court of Appeal of the Supreme Court of New South Wales made on 18 March 2013, and orders 1 and 2 of that Court made on 5 June 2013, and, in their place, order that:

(a) the appeal be allowed;

(b) the orders of the Supreme Court of New South Wales made on 27 July 2012 be set aside and, in their place, order that:

(i) the separate question:

"Insofar as the plaintiffs claim damages pursuant to ss 3 and 4 of the Compensation to Relatives Act 1897, is any award of damages limited by the operation of s 12(2) of the Civil Liability Act 2002?"

be answered:

"No, the operation of s 12(2) of the Civil Liability Act 2002 (NSW) does not limit the first plaintiff's claim for damages pursuant to ss 3 and 4 of the Compensation to Relatives Act 1897 (NSW) as pleaded on behalf of herself and any other entitled relatives of the late Mr Craig Taylor in that it does not require the court to disregard the amount by which the gross weekly earnings of Mr Craig Taylor would, but for his death, have exceeded an amount that is three times the average weekly earnings at the date of the award"; and

(ii) the first to sixth defendants pay the first and second plaintiffs' costs of the separate question; and

(c) the first to fourth and sixth respondents pay the appellant's costs of the appeal.

3. The first to fourth and sixth respondents pay the appellant's costs in this Court.

On appeal from the Supreme Court of New South Wales

Representation

J Poulos QC with V M Heath for the appellant (instructed by Craddock Murray Neumann)