Healey v Penrith City Council; Healey v Ussher; Healey v GIO General Limited (No 2) [2014] NSWSC 1870

Supreme Court New South Wales

Medium Neutral Citation: Healey v Penrith City Council; Healey v Ussher; Healey v GIO General Limited (No 2) [2014] NSWSC 1870 Hearing dates: 4-8 November 2013 Decision date: 23 December 2014 Jurisdiction: Common Law Before: Adams J Decision: The parties are to bring in draft minutes of orders reflecting the judgments. In the event they are unable to agree, written submissions are to be filed by 13 February 2015. If there is a dispute as to the question of costs, submissions on this matter are to be filed by that date. Catchwords: WORKERS COMPENSATION - damages - future care - whether gratuitous or commercial are appropriate - whether matter can be revisited under the slip rule

WORKERS COMPENSATION - damages - apportionment of damages under s 151Z Workers Compensation Act where interposing negligence of third party - interest - whether interest payable in full - effect of plaintiff's delays in litigation Legislation Cited: Civil Liability Act 2002 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 51B Workers Compensation Act 1987 (NSW), s 151Z, s 151Z(2)(c), Pt 5 Div 3 Cases Cited: Fox v Wood (1981) 148 CLR 438 Izzard v Dunbier Marine Product (NSW) Pty Ltd [2012] NSWCA 132 Kalls Enterprises Pty Ltd (In liquidation) & Ors v Baloglow & Anor (No 3) [2007] NSWCA 298 Mainteck Services Pty Ltd v Stein Heurtey SA & Anor [2013] NSWSC 1563 Miller v Galderisi [2009] NSWCA 353 Category: Consequential orders Parties: 2007/292443: Ralph Stewart David Healey (Plaintiff) Penrith City Council (Defendant)