Danby v BBC Hardware [2001] NSWCA 89

Danby v BBC Hardware [2001] NSWCA 89

The non-economic loss and superannuation grounds failed because the non-economic loss award was within the trial judge's available range and loss of future superannuation was not proved. However, the $20,000 cushion for future wage loss was unduly modest given the plaintiff's impaired work capacity, vulnerability in the labour market, possible future spinal fusion and risk of not working to age 65. Interest on non-economic loss and the Fox v Wood component also had to be deducted. The appropriate adjustment was to increase the future economic loss allowance while accounting for those offsets, set aside the judgment as to amount, and enter substituted verdict and judgment figures.

Jurisdiction
Australia
Judgment Date
05 April 2001
Procedural Posture
Negligence Damages Appeal From District Court Judgment / Court of Appeal Judgment
Outcome
Appeal allowed; judgment as to amount set aside and substituted orders made.
Legal Topics
['industrial Accident' 'non Economic Loss' 'future Economic Loss' 'future Medical Expenses' 'fox V Wood Allowance' 'workers Compensation Repayment' 'interest on Damages']
['negligence' 'damages' 'workers Compensation'] ['industrial Accident' 'non Economic Loss' 'future Economic Loss' 'future Medical Expenses' 'fox V Wood Allowance' 'workers Compensation Repayment' 'interest on Damages']

Case Brief

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Procedural Posture

Negligence Damages Appeal From District Court Judgment / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the District Court award for non-economic loss should be disturbed.' 'Whether the plaintiff proved loss of future superannuation benefits.' 'Whether the award for future wage loss by way of a cushion was unduly modest.' 'Whether interest on the past component of non-economic loss was wrongly allowed under s 151M of the Workers Compensation Act.' 'Whether a Fox v Wood allowance was properly included given the agreement about past wage loss and s 151B of the Workers Compensation Act.' 'Whether the trial judge erred in allowing $20,000 for future medical expenses or failed to discount future expenses to present value.']

Ratio Decidendi

The non-economic loss and superannuation grounds failed because the non-economic loss award was within the trial judge's available range and loss of future superannuation was not proved. However, the $20,000 cushion for future wage loss was unduly modest given the plaintiff's impaired work capacity, vulnerability in the labour market, possible future spinal fusion and risk of not working to age 65. Interest on non-economic loss and the Fox v Wood component also had to be deducted. The appropriate adjustment was to increase the future economic loss allowance while accounting for those offsets, set aside the judgment as to amount, and enter substituted verdict and judgment figures.

Court Disposition

Appeal allowed; judgment as to amount set aside and substituted orders made.

Orders

  • ['Judgment in favour of the plaintiff as to amount set aside.' 'In lieu thereof, verdict in favour of the plaintiff for $174,193 to take effect from 21 January 2000.' 'Plaintiff to have the costs of the appeal.' 'Respondent, if qualified, to have a certificate under the Suitors Fund Act.' 'Because of s 151B of the...