Campton v Centennial Newstan Pty Ltd (No 3) [2015] NSWSC 410

Supreme Court New South Wales

Medium Neutral Citation: Campton v Centennial Newstan Pty Ltd (No 3) [2015] NSWSC 410 Hearing dates: 20 February 2015 Date of orders: 14 April 2015 Decision date: 14 April 2015 Before: Hall J Decision: (i) Loss of future earnings assessed to age 66.5 years (ie, 3 years 6 months). (ii) Receipt of "carer's payment" under the Social Security Act by plaintiff's wife to be set-off against claim for personal care following second but not first post-operative period. (iii) Carer's payment not to be set-off against claim for past or future domestic assistance. (iv) Discount for future (external) services of 15% as stated in the Primary Judgment was assessed and made referable to all contingencies stated in that judgment and no further discounting or reduction to be made in respect of the damages assessed for such services. Catchwords: NEGLIGENCE – employee/employer – mining industry – plaintiff injured in workplace accident – suffered spinal injury – liability admitted during hearing DAMAGES – quantum – calculation of future loss of earnings – plaintiff underwent multiple spinal surgeries – specialist medical evidence strongly supported the claim for past and future impairment of earning capacity on a total incapacity basis – likely that the plaintiff would have continued in employment in the mining industry beyond 65 years. DAMAGES – quantum – economic loss assessed on a total incapacity basis -whether award of damages for past care should be reduced because of carer payments received by plaintiff's wife under the Social Security Act 1991 (Cth) –award of damages for past care reduced according to amount of weekly carer payments received – the award of damages for future domestic care is founded on a different basis under the Social Security Act than is the basis for a "carer payment" which is the provision of personal services by the care provider to a care recipient. Legislation Cited: Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 (NSW) Social Security Act 1991 (Cth) Workers Compensation Act 1987 Cases Cited: Fox v Wood (1981) 148 CLR 438; Franklins Self Serve Pty Ltd v Wyber (1999) 48 NSWLR 249 Malec v JC Hutton Pty Ltd [1990] HCA 20; 169 CLR 638 Truong v Gordon [2014] NSWCA 97 Category: Consequential orders (other than Costs) Parties: Ian Barry Campton (Plaintiff) Centennial Newstan Pty Limited (Defendant) Representation: Counsel: B Dooley SC; O O'Rourke (Plaintiff) M Joseph SC; D Stanton (Defendant)