Vukancic v Velcic [2007] NSWSC 1001

New South Wales Supreme Court

CITATION : Vukancic v Velcic [2007] NSWSC 1001 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 7 - 15 August 2007

JUDGMENT DATE : 6 September 2007

JURISDICTION : Common Law Division Professional Negligence List

JUDGMENT OF : Brereton J

DECISION : Judgment for plaintiff for $84,994

CATCHWORDS : NEGLIGENCE – employer's liability – lifting – whether worker had viable cause of action arising from injury suffered when supporting 10kg beam. - NEGLIGENCE – professional liability – whether solicitor retained to advise on workers compensation claim obliged to advise on potential common law rights and effect of accepting permanent loss compensation – where common law claim had fair prospects only and might have left worker better or worse off – content of appropriate advice. - DAMAGES – personal injuries – whether Griffiths v Kerkemeyer damages available for provision of support and encouragement. - DAMAGES – economic loss – loss of a chance – where first solicitor failed to advise worker of common law potential and consequences of accepting permanent loss compensation – where second solicitor failed to commence proceedings against first solicitor within time – evaluation of prospects of success of employer liability claim – whether value of workers compensation benefits to be deducted before or after discount for risk – date as at which workers compensation benefits to be valued – whether known facts in respect of workers compensation benefits subsequent to valuation date may be considered – vicissitudes to be applied to future workers compensation benefits – whether workers compensation top-up insurance payments to be deducted – evaluation of prospects of success of professional liability claim against first solicitor – risk factors – risk that properly advised plaintiff would not have brought employers liability claim