LIGHTFOOT v RILEY [1999] NSWCA 155

New South Wales Court of Appeal CITATION : LIGHTFOOT v RILEY [1999] NSWCA 155 revised - 02/06/99 FILE NUMBER(S) : CA 40408/98 HEARING DATE(S) : 20 May 1999 JUDGMENT DATE : 20 May 1999

LIGHTFOOT & CO PTY LTD PARTIES : v WILLIAM JAMES RILEY JUDGMENT OF : Handley JA at 1; Fitzgerald JA at 19

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 7280/96 LOWER COURT JUDICIAL OFFICER : Balla ADCJ

COUNSEL : C R R Hoeben SC (Claimant) K W Andrews (Opponent) SOLICITORS : Leigh Virtue & Associates (Claimant) Shanahan Tudhope (Opponent) CATCHWORDS : ACTS CITED : Workers Compensation Act 1987 CASES CITED: Transfield Pty Limited v Mastroianni 24/6/98 unrep Warr v Santos [1973] 1 NSWLR 432 DECISION : Appeal allowed

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40408/98 DC 7280/96 HANDLEY JA FITZGERALD JA

Thursday 20 May 1999

LIGHTFOOT & CO PTY LTD v WILLIAM JAMES RILEY DAMAGES - compensation rights not affected - to be deducted from damages

WORKERS' COMPENSATION - compensation rights not affected by recovery of damages - to be deducted

A worker recovered damages for his deafness suffered from exposure to industrial noise prior to 4 pm on 20 June 1987. He had not crystallised his right to compensation under the Workers Compensation Act 1987. The trial Judge held that his damages should not be reduced to reflect the value of those rights, which would not be affected by the recovery of damages.

HELD: The worker's damages must be reduced to reflect his rights under the Workers Compensation Act, although these had not been crystallised by award or settlement. Transfield Pty Ltd v Mastroianni (14/6/98 CA u/r) applied. ORDERS