DENEZIN PTY LIMITED (IN LIQUIDATION) v Guiseppe Joseph DE MARTINO [1999] NSWCA 205

New South Wales Court of Appeal CITATION : DENEZIN PTY LIMITED (IN LIQUIDATION) v Guiseppe Joseph DE MARTINO [1999] NSWCA 205 FILE NUMBER(S) : CA 40500/98 HEARING DATE(S) : 26 May 1999 JUDGMENT DATE : 25 June 1999

PARTIES : DENEZIN PTY LIMITED (In Liquidation) v Guiseppe Joseph DE MARTINO JUDGMENT OF : Meagher JA at 1; Stein JA at 2; Fitzgerald JA at 21

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : CLD 11812/92 LOWER COURT JUDICIAL OFFICER : Barr J

COUNSEL : C.T. Barry QC/G.F. Butler (Appellant) M.J. Cranitch SC/E.E. Welsh (Respondent) SOLICITORS : P.W. Turk & Associates (Appellant) Glover & Glover (Respondent) CATCHWORDS : PERSONAL INJURY - industrial - damages - past and future economic loss - past and future domestic assistance - costs of funds management of the verdict moneys ACTS CITED : n/a Sharman v Evans (1977) 138 CLR 563 CASES CITED: Nominal Defendant v Gardikiotis (1996) 186 CLR 49 GIO v Rosniak (1992) 27 NSWLR 665 DECISION : Appeal dismissed with costs; Cross-Appeal allowed with costs; Verdict and judgment for the respondent of $829,193.76 entered by Barr J set aside and a new verdict for the respondent in the sum of $872,150.76 substituted

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40500/98 CLD 11812/92 MEAGHER JA STEIN JA FITZGERALD JA Friday, 25 June 1999 DENEZIN PTY LIMITED (In Liquidation) v Giuseppe Joseph DE MARTINO The respondent was injured in a fall at his workplace on 18 September 1988 and sued his employer, the appellant, for damages. The respondent was a third-year apprentice carpenter whose duty on the day of the accident was to remove wooden formwork from a flight of concrete stairs that had been poured on the previous day. Barr J entered a verdict in the respondent's favour in the amount of $829,193.76. On appeal , it was argued that: