Luke as tutor for Luke v Workers Compensation Nominal Insurer [2010] NSWDC 18

Reported Decision : 10 DCLR (NSW) 170

New South Wales District Court

CITATION: Luke as tutor for Luke v Workers Compensation Nominal Insurer [2010] NSWDC 18

HEARING DATE(S): 10 February 2010

JUDGMENT DATE: 17 February 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

DECISION: The matter is stood over to 17 March 2010 to deal with the outstanding issues of award for funds management, interest and cost including costs specifically reserved by His Honour Justice Price arising from commencement of these proceedings in the Supreme Court

CATCHWORDS: INDUSTRIAL ACCIDENT - Brain damage - Loss of income earning capacity - Requirement for funds management - Whether s 151G permitted compensation for loss of capacity to manage funds

LEGISLATION CITED: Workers Compensation Act 1987

Baghdadi v P & M Quality Smallgoods Pty Limited [2008] NSWSC 406 CASES CITED: Medlin v State Government Insurance Commission [1995] 182 CLR 1 Willett v Futcher [2005] HCA 47

TEXTS CITED: Professor Harold Luntz, Assessment of Damages for Personal Injury and Death, 4th ed, 2002

PARTIES: Gary Luke By His Tutor Matthew Luke (Plaintiff) Workers Compensation Nominal Insurer - A State Government Statutory Authority (Defendant)

FILE NUMBER(S): 274/09

COUNSEL: C A W Hart (for the Plaintiff) G Sarginson (for the Defendant)

SOLICITORS: Bale Boshev Lawyers (for the Plaintiff) Hickson Lawyers (for the Defendant)

JUDGMENT

1 Mr Gary Luke was injured at work on 21 December 2004. He was working as a roof tiler when he fell three metres from a roof onto a concrete surface. Liability was not in issue. The allegation of contributory negligence was not pressed. An allegation of failure to mitigate loss raised in the opening address by counsel for the defendant was not pressed.