New South Wales Court of Appeal CITATION : State of NSW v Coffey (No 3) [2003] NSWCA 85 HEARING DATE(S) : 28/10/02 JUDGMENT DATE : 22 April 2003 JUDGMENT OF : Meagher JA at 1; Ipp JA at 1 DECISION : 1. Appeal Allowed; 2. Judgment and verdict below set aside; 3. In lieu of verdict for the plaintiff in the amount of $449,478.00, verdict for the plaintiff in the amount of $459,947.00; 4. The appellant to pay the costs of the appeal, and of the trial. CATCHWORDS : District Court - psychologically injured worker - safe system of work - appeal allowed. State of New South Wales PARTIES : v William Coffey FILE NUMBER(S) : CA 40957 of 2001 COUNSEL : A: Mr Burbidge QC & Mr Wynyard R: Mr Toomey QC & Mr Walker SOLICITORS : A: Gillis Delaney Brown R: Denis M Anderson LOWER COURT District Court JURISDICTION : LOWER COURT DC 2291 of 1999 FILE NUMBER(S) : LOWER COURT Hosking DCJ JUDICIAL OFFICER : IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40957 of 2001 MEAGHER JA IPP JA Tuesday, 22 April 2003 STATE OF NEW SOUTH WALES v WILLIAM COFFEY Judgment 1 THE COURT: On Monday, 25 November 2002 we made the following order, which we understood to be an order by consent: iii. "In lieu of verdict for the plaintiff in the amount of $463,947.00, verdict for the plaintiff in the amount of $449,478.00;" 2 In fact the amount should be $459,947.00 . 3 The orders of the Court, therefore, will be: i. Appeal allowed; ii. Judgment and verdict below set aside; iii. In lieu of verdict for the plaintiff in the amount of $449,478.00, verdict for the plaintiff in the amount of $459,947.00; iv. The appellant to pay the costs of the appeal, and of the trial. ****** Last Modified: 05/05/2003 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.