State of New South Wales v Perez [2013] NSWCA 149

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Perez [2013] NSWCA 149 Hearing dates: 9 May 2013 Decision date: 03 June 2013 Before: Basten JA at [1]; Macfarlan JA at [36]; Ward JA at [42] Decision: (1) Allow the appeal and set aside the order of the Tribunal giving judgment for the plaintiff in the sum of $1,318,506.24. (2) Declare that the respondent is entitled to damages in an amount of $389,774 together with such further sum as may be assessed under s 15B(2) of the Civil Liability Act in respect of the loss of his capacity to provide gratuitous domestic services to his grandchildren. (3) Direct that, in the absence of agreement or further order, each party bear its or his own costs of the appeal. (4) Remit the matter to the Dust Diseases Tribunal for consideration of the outstanding claims in respect of the gratuitous domestic services, for determination according to law. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: WORKERS COMPENSATION - dust diseases - Dust Diseases Tribunal - damages for loss of capacity to provide gratuitous domestic services - s 15B Civil Liability Act 2002 (NSW) - meaning of "that need is reasonable in all the circumstances" - whether "need" refers to the circumstances of the dependant