Gifford v Strang Patrick Stevedoring Pty Ltd [2007] NSWCA 50

New South Wales Court of Appeal

CITATION: Gifford v Strang Patrick Stevedoring Pty Ltd [2007] NSWCA 50

HEARING DATE(S): 13 February 2007

JUDGMENT DATE: 19 March 2007

JUDGMENT OF: Ipp JA at 1; Basten JA at 2; Handley AJA at 3

DECISION: CA 40176 of 2005: (1) Appeal allowed with costs.; (2) Cross-appeal dismissed with costs.; (3) Judgment of the District Court set aside and in lieu thereof substitute judgment for the plaintiff, with effect from 17 December 2004, for $61,880 for general damages of $60,000 and out of pocket expenses together with interest on the past component of general damages of $50,000 at the rate of 2 percent per annum for 14 years.; CA 40174 of 2005: (1) Appeal allowed with costs.; (2) Cross-appeal dismissed with costs.; (3) Judgment of the District Court set aside and in lieu thereof substitute judgment for the plaintiff, with effect from 17 December 2004, for $109,627.86 for general damages of $80,000, economic loss of $20,000 and out of pocket expenses together with interest at the rate of 2 percent per annum on the past component of the general damages of $70,000 for 14 years.; CA 40175 of 2005: (1) Appeal allowed with costs.; (2) Cross-appeal dismissed with costs.; (3) Judgment of the District Court set aside and in lieu thereof substitute judgment for the plaintiff, with effect from 17 December 2004, for $83,183 for general damages of $57,500 and economic loss of $25,683 together with interest at the rate of 2 percent per annum on the general damages for five years and at the rate of 4 percent per annum thereafter, and interest on the damages for past economic loss of $4,128 at 9 percent per annum from 30 June 2003.

CATCHWORDS: DAMAGES – nervous shock – children of deceased worker – not governed by Workers Compensation Act 1987 - NERVOUS SHOCK – children of deceased worker – damages – not governed by Workers Compensation Act 1987