Black v Walden [2008] NSWCA 108

Black v Walden [2008] NSWCA 108

Damages under the Compensation to Relatives Act 1897 for wrongful death can include the value of lost services to a family business even if not trading in profit, provided those services had tangible pecuniary value to the survivors. The inheritance of jointly owned property (excluding the matrimonial home) on death constitutes a benefit to the survivor to be brought into account and may warrant a reduction in damages, but the value for such reduction should be discounted based on practical enjoyment and the likely flow of benefits if not for the death.

Jurisdiction
Australia
Judgment Date
29 May 2008
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed; judgment below set aside and substituted.
Legal Topics
['damages' 'wrongful Death' 'compensation to Relatives Act 1897' 'acceleration of Benefits']
['tort Law'] ['damages' 'wrongful Death' 'compensation to Relatives Act 1897' 'acceleration of Benefits']

Case Brief

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Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 ['Whether compensation is payable for the loss of services to a family farming business not trading in profit under the Compensation to Relatives Act 1897' 'How benefits accelerated by the death (acquisition of jointly held property) should be taken into account in assessing damages' 'Appropriate calculation of loss of domestic and farming services in a wrongful death claim']

Ratio Decidendi

Damages under the Compensation to Relatives Act 1897 for wrongful death can include the value of lost services to a family business even if not trading in profit, provided those services had tangible pecuniary value to the survivors. The inheritance of jointly owned property (excluding the matrimonial home) on death constitutes a benefit to the survivor to be brought into account and may warrant a reduction in damages, but the value for such reduction should be discounted based on practical enjoyment and the likely flow of benefits if not for the death.

Court Disposition

Appeal allowed; judgment below set aside and substituted.

Orders

  • ['Allow the appeal and set aside the verdict and judgment in the District Court and in lieu thereof substitute verdict and judgment for the respondent in the sum of $857,714.' 'In the event that the parties are unable to agree on the order for costs, written submissions on the form of the order (of not more than 10...