Luke as tutor for Luke v Workers Compensation Nominal Insurer (No 2) [2010] NSWDC 197

New South Wales District Court

CITATION: Luke as tutor for Luke v Workers Compensation Nominal Insurer (No 2) [2010] NSWDC 197

HEARING DATE(S): 27 May 2010

JUDGMENT DATE: 18 June 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) Verdict and judgement for the plaintiff in the sum of $538,483.10 calculated in accordance with Exhibit B on the Funds Management application. 2) The defendant is to pay the plaintiff's costs on a party/party basis with the exception that: DECISION: a) in accordance with the orders of Justice Price in the Supreme Court on 7 September 2009 each party is to pay their own costs of the motion dealt with by him on that date; and b) the plaintiff is to pay the defendant's additional costs occasioned by reason of the commencement of proceedings in the Supreme Court 3) The exhibits are retained. 4) These Orders are stayed to the extent of the component allowed for funds management in the sum of $108,280.00 for 28 days or if appeal proceedings are commenced within that period until further order

CATCHWORDS: FUNDS MANAGEMENT FEES - Bases for assessment - Appropriate management entity - Period required for management - Likely assets of plaintiff, uninjured, at time of retirement - Interest - Offer made by defendant at mediation - Costs - Final offer of plaintiff at mediation to be assessed by reference to income loss to that date

LEGISLATION CITED: Workers Compensation Act 1987 Workers Compensation Regulation 2003

CASES CITED: Willett v Futcher [2005] 221 CLR 627

PARTIES: Gary Luke by his tutor Matthew Luke (Plaintiff) Workers Compensation Nominal Insurer - A State Government Statutory Authority (Defendant)