McAllan v Classic Home Improvements (Australia) Pty Ltd [2014] NSWDC 94

District Court New South Wales

Medium Neutral Citation: McAllan v Classic Home Improvements (Australia) Pty Ltd [2014] NSWDC 94 Hearing dates: 5 and 6 June 2014 Decision date: 25 June 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the plaintiff. (2) Defendant pay plaintiff's costs. (3) Parties have liberty to apply in relation to costs, as well as bring in Short Minutes of Order reflecting the judgment sum and the payback amount to the workers compensation insurer. (4) Exhibits retained until further order. Catchwords: TORT - 21-year-old apprentice suffers severe head injury in fall at work - assessment of past and future economic loss for a plaintiff at the threshold of his working career - defendant fails to serve vocational assessment report with pre-filing defence - consideration of s 318 Workplace Injury Management and Workers Compensation Act 1998 (NSW) - no evidence led as to whether vocational assessment evidence "not reasonably available" - defendant's vocational assessment report excluded Legislation Cited: Workers Compensation Act 1987 (NSW), s 151 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 313-318 Cases Cited: Australian Winch & Haulage Co Pty Ltd v Collins [2013] NSWCA 327 Dunnett v Brennan [2000] NSWCA 211 Malec v JC Hutton Pty Ltd (No 2) (1990) 169 CLR 638 McKay v Palmers Removalists & Storage Pty Ltd [2010] NSWCA 83 Mundy v GIO of NSW (Supreme Court of NSW, Spender AJ, 5 June 1995) Najdovski v Crnojlovic (2008) 72 NSWLR 728 Wilkinson v Perisher Blue Pty Ltd [2012] NSWCA 250 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Steven McAllan Defendant: Classic Home Improvements (Australia) Pty Ltd Representation: Plaintiff: Mr A Lidden SC / Mr M Daley Defendant: Mr H Halligan Plaintiff: Cameron Gillingham Boyd Defendant: Hicksons Lawyers File Number(s): 2013/273463 Publication restriction: None