Andrew Goodman v Impact Hire Australia Pty Limited & Anor [2009] NSWSC 941

Andrew Goodman v Impact Hire Australia Pty Limited & Anor [2009] NSWSC 941

The Court found that damages should be assessed at the date of verdict, not reservation, and that future economic loss calculations should be made to age 65 in the absence of relevant legislative amendment. Interest on damages was allowed against both defendants in accordance with statutory provisions. Both defendants were jointly and severally liable for costs. Damages were awarded with statutory modification as per s151Z of the Workers Compensation Act.

Parties
Plaintiff: Andrew Goodman; First Defendant: Impact Hire Australia Pty Limited; Second Defendant: Inasmuch Pty Ltd
Jurisdiction
Australia
Judgment Date
11 September 2009
Procedural Posture
Personal Injury Claim / Post Trial Judgment on Damages and Consequential Orders
Outcome
Judgment for plaintiff against both defendants with specified awards and non-cumulative verdicts; costs awarded against defendants jointly and severally.
Legal Topics
Assessment of Damages, Joint and Several Liability, Interest on Damages, Workers Compensation Modifications, Costs of Proceedings
Tort Law Workers Compensation Assessment of Damages Joint and Several Liability Interest on Damages Workers Compensation Modifications Costs of Proceedings

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Parties

Andrew Goodman

Plaintiff

Impact Hire Australia Pty Limited

First Defendant

Inasmuch Pty Ltd

Second Defendant

Procedural Posture

Personal Injury Claim / Post Trial Judgment on Damages and Consequential Orders

Legal Issues

  1. 1 Whether damages should be assessed up to the date of judgment or reservation
  2. 2 Entitlement to assess future loss up to age 67 versus age 65
  3. 3 Plaintiff's entitlement to interest on damages under s151M of the Workers Compensation Act

Ratio Decidendi

The Court found that damages should be assessed at the date of verdict, not reservation, and that future economic loss calculations should be made to age 65 in the absence of relevant legislative amendment. Interest on damages was allowed against both defendants in accordance with statutory provisions. Both defendants were jointly and severally liable for costs. Damages were awarded with statutory modification as per s151Z of the Workers Compensation Act.

Court Disposition

Judgment for plaintiff against both defendants with specified awards and non-cumulative verdicts; costs awarded against defendants jointly and severally.

Orders

  • Verdict and judgment against Impact in sum of $843,952.
  • Verdict and judgment against Inasmuch in sum of $1,196,255.