NSW Caselaw
New South Wales Court of Appeal
CITATION: Firth v Sutton (No 2) [2010] NSWCA 109
HEARING DATE(S): 20 November 2009
JUDGMENT DATE: 14 May 2010
JUDGMENT OF: Allsop P at 1; Macfarlan JA at 13; Young JA at 14
1. Appeal and cross-appeal allowed. 2. Set aside orders 1 and 2 made by the District Court on 17 March 2009 and in lieu thereof order: DECISION: (a) judgment for the plaintiff in the sum of $28,474.30 to take effect as at 17 March 2009; (b) the defendant pay the plaintiff's costs on an ordinary party/ party basis up to 11 am on 4 February 2009 and thereafter the plaintiff pay the defendant's costs on an indemnity basis. 3. Each party bear his and her own costs of the appeal.
CATCHWORDS: DAMAGES – Personal injury – measure and assessment of damages – loss of opportunity to pursue common law claim in preference to Workers Compensation Act entitlements – assessment of comparative worth of proceedings under Workers Compensation Act and common law – calculation of the value of the loss of a lump sum payment includes interest accrued – judgment sum adjusted for the timing of receipt of Workers Compensation benefits
LEGISLATION CITED: Supreme Court Act 1970 (NSW) s 94 Workers Compensation Act 1987 (NSW)
CATEGORY: Consequential orders
CASES CITED: Batchelor v Burke [1981] HCA 30; 148 CLR 448 Haines v Bendall [1991] HCA 15; 172 CLR 60
PARTIES: Stephen Firth (Appellant) Renee Sutton (Respondent)
FILE NUMBER(S): CA 2009/298149
COUNSEL: G M Watson SC, I R Goodridge (Appellant) K W Andrews (Respondent)
SOLICITORS: Firths - The Compensation Lawyers (Appellant) Brennan Legal (Respondent)
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