Oroz v Hansen Yuncken Pty Ltd & Anor [2006] NSWSC 1136

New South Wales Supreme Court

CITATION : Oroz v Hansen Yuncken Pty Ltd & Anor [2006] NSWSC 1136

HEARING DATE(S) : 9 - 13 February 2004, 16 - 19 February 2004, 27 February 2004, 11 June 2004, 23 July 2004, 1 October 2004, 1 December 2004, 11 March 2005, 15 March 2005, 7 July 2005, 29 August 2005, 28 April 2006, 24 October 2004

JUDGMENT DATE : 24 October 2006

JUDGMENT OF : Simpson J

EX TEMPORE JUDGMENT DATE : 10/24/2006

DECISION : Investment rate allowed in respect of amount awarded for fund management in accordance with GIO v Rosniak (1992) 27 NSWLR 665; damages for future care to be calculated and entered on basis of accurate up-to-date figures ; damages for future loss of income to be calculated and entered on basis of accurate up-to-date figures ; to the extent that the plaintiff is entitled to interest on any damages to be awarded , such interest is not payable in respect of such sums as have been paid to the plaintiff, from the date on which those sums was paid; the sum allowed in respect of house modification fixed at the time of Reasons for Judgment and based upon evidence given in the trial to stand

CATCHWORDS : damages for personal injury - damages for additional costs of plaintiff's holidays - investment rate to be allowed in respect of sum awarded for fund management - calculation of damages for future care - calculation of damages for future loss of income - award of damages for expenses incurred in modifying plaintiff's home

CASES CITED : GIO v Rosniak (1992) 27 NSWLR 665

Ilija Oroz - Plaintiff PARTIES : Hansen Yuncken Pty Ltd - 1st Defendant Auburn United Formwork Pty Ltd - 2nd Defendant

FILE NUMBER(S) : SC 20905/01

D Kennedy SC/ F Fletcher - Plaintiff COUNSEL : J de Greenlaw - 1st Defendant MJ Jenkins - 2nd Defendant