LIGHTFOOT v RILEY [1999] NSWCA 155

LIGHTFOOT v RILEY [1999] NSWCA 155

Because the trial judge had accepted Dr Scoppa's assessment of the plaintiff's industrial deafness and no issue of credibility or proper basis for a new trial arose, the Court of Appeal could reassess damages. Under Transfield Pty Limited v Mastroianni the plaintiff's uncrystallised workers' compensation rights for industrial deafness had to be deducted from his common law damages, and the agreed future expenses recoverable under s 60 also had to be reduced, producing substituted judgment for $18,072.06.

Jurisdiction
Australia
Judgment Date
20 May 1999
Procedural Posture
Application for Leave to Appeal and Appeal Concerning Assessment of Common Law Damages for Industrial Deafness and Workers' Compensation Deductions / Appeal From District Court Decision of Balla ADCJ
Outcome
Leave to appeal granted; appeal allowed.
Legal Topics
['industrial Deafness' 'common Law Damages' "deduction of Workers' Compensation Entitlements" 'inchoate Compensation Rights' 'future Out of Pocket Expenses']
["workers' Compensation" 'tort Law' 'damages'] ['industrial Deafness' 'common Law Damages' "deduction of Workers' Compensation Entitlements" 'inchoate Compensation Rights' 'future Out of Pocket Expenses']

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Procedural Posture

Application for Leave to Appeal and Appeal Concerning Assessment of Common Law Damages for Industrial Deafness and Workers' Compensation Deductions / Appeal From District Court Decision of Balla ADCJ

Legal Issues

  1. 1 ["Whether the plaintiff's common law damages for industrial deafness should be reduced to reflect uncrystallised lump sum compensation entitlements under the Workers Compensation Act 1987." 'Whether the matter should be remitted for a new trial or reassessed by the Court of Appeal.' 'Whether future out-of-pocket expenses for hearing aids, batteries and medical attendance should be reduced because they were recoverable under s 60 of the Workers Compensation Act 1987.']

Ratio Decidendi

Because the trial judge had accepted Dr Scoppa's assessment of the plaintiff's industrial deafness and no issue of credibility or proper basis for a new trial arose, the Court of Appeal could reassess damages. Under Transfield Pty Limited v Mastroianni the plaintiff's uncrystallised workers' compensation rights for industrial deafness had to be deducted from his common law damages, and the agreed future expenses recoverable under s 60 also had to be reduced, producing substituted judgment for $18,072.06.

Court Disposition

Leave to appeal granted; appeal allowed.

Orders

  • ['Leave to appeal be granted.' 'Appeal be allowed.' 'Judgment entered by the trial Judge, except as to costs, be set aside.' 'There be substituted a judgment for a lesser amount to reflect the deductions of $39,869 and $11,488, the appropriate figure being $18,072.06.' 'Claimant should have the costs of the appeal.'...