Amaca Pty Limited v Latz [2018] HCA 22

Amaca Pty Limited v Latz [2018] HCA 22

Damages for lost superannuation pension payments during 'lost years' are compensable and form part of the plaintiff's economic loss, but damages for the loss of gratuitous age pension entitlements are not. Reversionary pensions to partners must be accounted for when assessing damages for lost superannuation entitlements.

Parties
Appellant in A8/2018, Respondent in A7/2018: AMACA PTY LIMITED (UNDER NSW ADMINISTERED WINDING UP); Respondent in A8/2018, Appellant in A7/2018: ANTHONY LATZ
Jurisdiction
Australia
Judgment Date
13 June 2018
Procedural Posture
Appeal / High Court of Australia – Decision on Appeal From Full Court of the Supreme Court of South Australia
Outcome
A8/2018: Appeal allowed in part. A7/2018: Appeal dismissed.
Legal Topics
Damages, Assessment of Damages, Lost Years Claims, Superannuation Pensions, Age Pension, Loss of Expectation of Life
Negligence Personal Injury Law Damages Assessment of Damages Lost Years Claims Superannuation Pensions Age Pension Loss of Expectation of Life

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Parties

AMACA PTY LIMITED (UNDER NSW ADMINISTERED WINDING UP)

Appellant in A8/2018, Respondent in A7/2018

ANTHONY LATZ

Respondent in A8/2018, Appellant in A7/2018

Procedural Posture

Appeal / High Court of Australia – Decision on Appeal From Full Court of the Supreme Court of South Australia

Legal Issues

  1. 1 Whether the loss of expectation of receiving an age pension during the 'lost years' is compensable loss
  2. 2 Whether the loss of superannuation pension entitlements during the 'lost years' is compensable loss
  3. 3 Whether the value of a reversionary pension to a surviving partner should be deducted from damages

Ratio Decidendi

Damages for lost superannuation pension payments during 'lost years' are compensable and form part of the plaintiff's economic loss, but damages for the loss of gratuitous age pension entitlements are not. Reversionary pensions to partners must be accounted for when assessing damages for lost superannuation entitlements.

Court Disposition

A8/2018: Appeal allowed in part. A7/2018: Appeal dismissed.

Orders

  • A8/2018: Appeal allowed in part (on the age pension ground); otherwise dismissed.
  • A8/2018: Order 3 of the Full Court set aside and replaced with judgment to be recalculated.