Tupanceski v Hajje [2006] NSWDC 24

New South Wales District Court

CITATION: Tupanceski v Hajje [2006] NSWDC 24 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 1 August - 3 August 2006

JUDGMENT DATE: 21 September 2006

JUDGMENT OF: Rolfe DCJ

DECISION: Verdict and Judgment for the Plaintiff against the Defendant in the sum of $132,945.

CATCHWORDS: Professional Negligence - Action against Solicitor - Determination of what advice ought to have been given to the plaintiff about his rights to recover modified common law damages - Loss of Chance - Assessment of Damages at Notional Trial Date - Factors to Consider - Allowance for vicissitudes in valuing future workers compensation rights including taxation impact

LEGISLATION CITED: Workers Compensation Act 1987 - ss 151G & 151H Civil Liability Act 2002

Chamberlain v Ormsby (T/as Ormsby Flower) CA 21 December 2005 BC 200511171 Dell v Dalton (1991) 23 NSWLR 528 Johnson v Perez (1998) 166 CLR 351 at 372 Jones v Dunkel (1959) 101 CLR 298 CASES CITED: Medcalf v Perry (2002) 50 NSW LR 211 Southgate v Waterford (1990) 21 NSWLR 427 State Rail Authority v Smith (1998) 45 NSWLR 382 Tipper v Williams (No 2) CA 6 May 1994 BC 9404994 Williams v Bodewes (1997) Aust Tort Rep 81/449

PARTIES: Zdravko Tupanceski (Plaintiff) John Hajje (Defendant)

FILE NUMBER(S): 2550/06

COUNSEL: D Kennedy SC with A Porthouse (Plaintiff) D Priestley (Defendant)

JUDGMENT

1 The plaintiff in these proceedings, Zdravko Tupanceski, was born in Macedonia on 30 July 1959. He came to live in Australia in 1975. In 1976 the plaintiff commenced employment with BHP Steel (AIS) Pty Limited, which remained his employer until 6 April 2004.