Adam Bsisou v Imad Bsisou t/a Quick Chip Tree Lopping [2019] NSWDC 335

Adam Bsisou v Imad Bsisou t/a Quick Chip Tree Lopping [2019] NSWDC 335

The plaintiff, having been rendered unfit for work by reason of injury sustained in the course of employment, is entitled to damages assessed for past and future economic loss, calculated in accordance with the Workers Compensation Act 1987 (NSW), subject to statutory maxima, discount/allowance for exigencies, and consideration of residual earning capacity. Evidence did not support specific residual earning capacity, justifying compensation for total incapacity for the assessed period, and future loss at statutory rates with agreed discounts and superannuation.

Parties
Plaintiff: Adam Bsisou; Defendant: Imad Bsisou t/a Quick Chip Tree Lopping
Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Civil / Final Judgment
Outcome
Damages awarded to plaintiff
Legal Topics
Damages, Past Economic Loss, Future Economic Loss, Compensation
Workers Compensation Personal Injury Damages Past Economic Loss Future Economic Loss Compensation

Case Brief

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Parties

Adam Bsisou

Plaintiff

Imad Bsisou t/a Quick Chip Tree Lopping

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Assessment of damages for personal injury in employment
  2. 2 Calculation of economic loss (past and future) under Workers Compensation Act 1987 (NSW)
  3. 3 Plaintiff's residual earning capacity and mitigation of loss

Ratio Decidendi

The plaintiff, having been rendered unfit for work by reason of injury sustained in the course of employment, is entitled to damages assessed for past and future economic loss, calculated in accordance with the Workers Compensation Act 1987 (NSW), subject to statutory maxima, discount/allowance for exigencies, and consideration of residual earning capacity. Evidence did not support specific residual earning capacity, justifying compensation for total incapacity for the assessed period, and future loss at statutory rates with agreed discounts and superannuation.

Court Disposition

Damages awarded to plaintiff

Orders

  • Damages payable by the defendant to the plaintiff are assessed in the sum of $1,353,360.00
  • I order the exhibits be returned