Glover v Australian Ultra Concrete Pty Ltd [2010] NSWSC 1284

New South Wales Supreme Court

CITATION : Glover v Australian Ultra Concrete Pty Ltd [2010] NSWSC 1284

HEARING DATE(S) : 22 October 2010

JUDGMENT DATE : 5 November 2010

JUDGMENT OF : Harrison J

1. Verdict for the plaintiff for $2,252,531.56 made up as follows: (a) Non-economic loss: $107,775. (b) Economic loss (past loss of wages): $904,934 (c) Past domestic assistance: $75,088 (d) Future domestic assistance: $79,633 DECISION : (e) Past out-of-pocket expenses: $11,850. (f) Future medical and out-of-pocket expenses: $25,000. (g) Loss of superannuation: $178,951.56 (h) Interest: $869,300. 2. Order the defendant to pay the costs of the trial before Newman J, in the Court of Appeal and of the hearing before me. 3. Order the defendant to pay interest on such costs and disbursements incurred and paid by the plaintiff in respect of the trial before Newman J and in the Court of Appeal at such rate as may be determined in accordance with Supreme Court Practice Note SC Gen 16. 4. Direct that the exhibits be returned after 28 days.

CATCHWORDS : PERSONAL INJURY – industrial accident on 1 May 1994 – plaintiff unsuccessful at first hearing in 2000 - where matter remitted to Common Law Division for re-hearing following plaintiff's successful appeal to Court of Appeal in 2003 – costs of original trial and Court of Appeal to be determined by trial judge on re-hearing – defendant ordered to pay costs of both – where plaintiff claimed interest on past paid costs and disbursements from first hearing and Court of Appeal – defendant ordered to pay such interest – whether plaintiff entitled to damages for loss of superannuation – s 149 Workers Compensation Act 1987 – modified common law damages regime not apply to exclude or limit claim for lost superannuation – delay – where hearing scheduled for February 2007 vacated at request of plaintiff – where defendant not at fault - where plaintiff claimed interest on damages – whether plaintiff entitled to interest for period from commencement of proceedings until judgment following re-hearing in 2010 or lesser period – plaintiff entitled to interest for whole period – principles considered