VDS ENGINEERS PTY LIMITED v Skele [1997] NSWCA 330

VDS ENGINEERS PTY LIMITED v Skele

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

COLE JA 13 October 1997

[1997] NSWCA 330

Cole JA. Application has been made by notice of motion on behalf of the defendant/appellant for a stay in respect of a judgment delivered by Newman J on 10 July 1997.

His Honour awarded the plaintiff, who suffered a significant injury, the sum of $706,620.66. The manner in which that sum is derived is set out in the Schedule of Damages Form 61B which is attached to the affidavit of Andrew Ross Miller in support of the application.

The appellant wishes to challenge five matters by way of appeal.

General damages were awarded in the sum of $151,000 (I shall use round figures). The appellant contends that should be $108,000. That is, not 70% but 50% of a worse case scenario.

In relation to future Griffiths v Kerkemeyer expenses, the competing contentions are a judgment of $72,000 and the appellant's contentions of $24,000. The difference depends upon awarding three hours per week handyman work allowed by the trial judge and one hour for which the appellant contends.

Thirdly, the cost of computers. The judgment allowed some $67,000 whereas the appellant contends it should be approximately $7,000.

In respect of future economic loss the difference is about $125,000, the judge having allowed $325,000 and the appellant contending it should be approximately $154,000. This is major item which is the subject of the appeal.

There are consequential loss of superannuation benefits of a difference between the judgment f $57,000 and the appellant's contention of $12,000, namely $45,000.

In relation to future economic loss there was a clear finding by the trial judge that the respondent would have been likely to have earnt at least $600 per week as a metal worker. His disabilities rendered that not possible.