Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd (No 2) [2015] NSWSC 734

Supreme Court New South Wales

Medium Neutral Citation: Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd (No 2) [2015] NSWSC 734 Hearing dates: 10 June 2015 Date of orders: 12 June 2015 Decision date: 12 June 2015 Jurisdiction: Common Law Before: Schmidt J Decision: Issue resolved in favour of Dr Helm and the following orders made:

1. Judgment for the plaintiff against the defendant in the amount of $959,478.

2. Note that of the judgment sum in order 1 the defendant has already paid the sum of $12,104.20 by way of repayment of workers compensation benefits paid to the plaintiff, in partial satisfaction of the judgment.

3. Payment of $197,216 of the judgment is stayed pending the resolution of any appeal filed by the defendant.

4. The balance of the judgment sum namely $762,262 be paid on or before 25 June 2015.

Directions

5. The defendant to file and serve written submissions on the question of costs within 2 days of judgment being delivered.

6. The plaintiff to file and serve any submissions in reply within 4 days of judgment being delivered.

7. The Court is to determine the question of costs on the papers. Catchwords: PROCEDURE – judgment and orders – effect of judgments – whether judgment contains error as to the calculation of future economic loss – no error Legislation Cited: Civil Liability Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd [2015] NSWSC 566 Category: Consequential orders (other than Costs) Parties: Karen Casey David Helm Pel-Air Aviation Pty Ltd Representation: Counsel: Mr RS McIlwaine SC with Mr G Graham (Plaintiffs) Mr D Lloyd (Defendant)