McCormick v Mt Pleasant Stud Farm Pty Ltd (No.2) [2021] NSWDC 489

District Court New South Wales

Medium Neutral Citation: McCormick v Mt Pleasant Stud Farm Pty Ltd (No.2) [2021] NSWDC 489 Hearing dates: 19, 20, 23, 24, 25 August 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Civil Before: Sidis ADCJ Decision: (1) Verdict and judgment for the plaintiff in the sum of $1,395,525. (2) The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed. This order is suspended for 14 days to allow parties, should they wish to do so, to apply to list the matter for submissions on the matter of costs. (3) The exhibits will be retained for 28 days. (4) My reasons are published. Catchwords: PERSONAL INJURIES - work injury damages - conflicts in evidence - credit - employer's duty of care - causation - contributory negligence - voluntary assumption of risk - value of non-pecuniary parts of salary package – assessment Legislation Cited: Workers Compensation Act 1987 (WCA) ss 151E, 151G, 151N, 151O Cases Cited: Burnie Port Authority v General Jones Pty Ltd [1994] HCA 18; (1994) 179 CLR 520 Czatyrko v Edith Cowan University [2005] HCA 14 at [12]; (2005) 214 ALR 349; (2005) 79 ALJR 839 Gittani Stone Pty Limited v Pavkovic [2007] NSWCA 355 Naxakis v Western General Hospital (1999) 197 CLR 269 Wyong Shire Council v Shirt (1980) 146 CLR 40 Category: Principal judgment Parties: Mr S McCormick (plaintiff) Mt Pleasant Stud Farm Pty Ltd (defendant) Representation: Counsel: Mr W Fitzsimmons SC with Ms S Warren for the plaintiff Ms T Berberian and Mr R Perla for the defendant