Knuckey and 3 ors v Dyno Nobel Asia Pacific Limited - formerly Dyno Wesfarmers Limited [2003] NSWSC 212

New South Wales Supreme Court

CITATION : Knuckey and 3 ors v Dyno Nobel Asia Pacific Limited - formerly Dyno Wesfarmers Limited [2003] NSWSC 212 HEARING DATE(S) : 28.10.02, 29.10.02, 30.10.02, 31,10/02 JUDGMENT DATE : 27 March 2003 JURISDICTION: Common Law JUDGMENT OF : Mathews AJ DECISION : Principal Claim; In relation to Mrs Knujckey's claim for nervous shock I enter a verdict for the plaintiff in the amount of $83,000. Otherwise, and in accordance with the agreement reached between counsel, I have not purported in this judgment to translate my findings into monetary terms. This task is to be undertaken by the parties in accordance with the findings I have made. I leave it to the parties to bring in short minutes of the appropriate orders. If they are unable to agree, I will deal with outstanding issues by arrangement with the parties.; As to the Cross Claims, verdict for the first and second cross-defendants on the first cross-claim; Verdict for the cross-claimant against the third cross-defendant on the first cross-claim; Costs of all parties on the cross-claims are to follow the event unless submissions to the contrary are received by me within seven days of today.

CATCHWORDS : Compensation to relatives - deceased killed in Papua New Guinea - likely employment position had he survived - assessment of superannuation - NSW law applies to quantification of damages, but provisions of NSW Workers Compensation Act do not apply - no discount for possible remarriage - spouse's claim for nervous shock - tort committed in Papua New Guinea - Papua New Guinea common law presumed to be the same as local law - claim allowed defendant's cross-claim against three insurance companies - contract of employment entered into in NSW, but NSW insurer excluded from ambit of claim - Papua New Guinea insurer held liable NSW Workers Compensation Act 1987 LEGISLATION CITED : Compensation to Relatives Act 1897 NSW Papua New Guinea Wrongs Miscellaneous Provisions Act New South Wales Law Reform (Miscellaneous Provisions Act 1944 Annetts v Australian Stations Pty Limited (2002] 76 ALJR 1348 Burton Lommers Contractors Pty Limited v Manufacturers Limited (1990) 6 ANZ Insurance Cases 61,000 De Sales v Ingrilli 193 ALR 130 Franklins Self Serve Pty Limited v Wyber (1990) 48 NSWLR 249 CASES CITED : Gifford v Strang Patrick Stevedoring Pty Limited (2001) 51 NSWLR 606 James Hardie and Company v Hall (1998) 43 NSWLR 554 at 576 John Pfeiffer Pty Limited v Rogerson (2000) 203 CLR 503 Regie National des Usines Renault SA v Zhang [2002] 187 ALR 1 Roads and Traffic Authority v Cremona (2001) 35 MVR 190 Margaret Knuckey - Plaintiff PARTIES : Carissa Robyn Knuckey - Second Plaintiff Aaron Kane Knuckey - Third Plaintiff Derryn Littlejohn Knuckey - Fourth Plaintiff FILE NUMBER(S) : SC 20744/97 Mr M Joseph, SC with Mr M Cahill - Plaintiff Mr N Cotman SC with Mr R Parsons - Defendant COUNSEL : Mr J Sharpe SC for Workcover Queensland - First Cross Defendant Mr C Hoeben SC for MMI workers' Compensation (NSW) Limited - Second Cross Defendant Mr Sheller for QBE Insurance (PNG) Limited - Third Cross Defendant Slater & Gordon - Plaintiff Gadens Lawyers Brisbane - Defendants SOLICITORS : Thynne & McCartney - Brisbane - First Cross Defendant Hickson Wisewoulds - Second Cross Defendant Phillips Fox - Third Cross Defendant