Single v Workers Compensation Nominal Insurer [2018] NSWDDT 9

Single v Workers Compensation Nominal Insurer [2018] NSWDDT 9

The ACC entitlement was funded by levies on employers, private domestic workers and self-employed persons, as well as general revenue; the deceased made no direct contribution to the fund; the Act did not require repayment of the entitlement out of damages awarded by the Tribunal for the Australian tort; and the lump sum for whole person impairment was in substitution for general damages. Those indicia showed that the Accident Compensation Act 2001 (NZ) did not intend the benefit to be enjoyed independently of and cumulatively upon the right to damages, so the NZD 136,705.79 entitlement had to be deducted from the agreed damages of AUD 415,000 to avoid double compensation.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Dust Diseases Damages Proceeding Concerning Mesothelioma / Principal Judgment on Whether a New Zealand ACC Lump Sum Benefit Should Be Deducted From Agreed Damages
Outcome
The plaintiff was entitled to judgment against the second defendant in an amount to be agreed, calculated by deducting NZD 136,705.79 from agreed damages of AUD 415,000; costs reserved.
Legal Topics
['mesothelioma' 'double Compensation' 'deduction of Statutory Benefits From Damages' 'accident Compensation Act 2001 (nz)' 'australian Asbestos Exposure' 'new Zealand Accident Compensation Entitlements']
['dust Diseases' 'damages' 'workers Compensation' 'conflict of Laws'] ['mesothelioma' 'double Compensation' 'deduction of Statutory Benefits From Damages' 'accident Compensation Act 2001 (nz)' 'australian Asbestos Exposure' 'new Zealand Accident Compensation Entitlements']

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Procedural Posture

Dust Diseases Damages Proceeding Concerning Mesothelioma / Principal Judgment on Whether a New Zealand ACC Lump Sum Benefit Should Be Deducted From Agreed Damages

Legal Issues

  1. 1 ['Whether the lump sum payment of NZD 136,705.79 made by the Accident Compensation Corporation of New Zealand pursuant to the Accident Compensation Act 2001 (NZ) should be deducted from damages assessed by the Tribunal for mesothelioma.' 'Whether the financial source of the ACC benefit, any repayment provision, and the nature of the benefit indicated a legislative intention that the benefit be retained in addition to common law damages.' 'Whether deduction was required to avoid double compensation.']

Ratio Decidendi

The ACC entitlement was funded by levies on employers, private domestic workers and self-employed persons, as well as general revenue; the deceased made no direct contribution to the fund; the Act did not require repayment of the entitlement out of damages awarded by the Tribunal for the Australian tort; and the lump sum for whole person impairment was in substitution for general damages. Those indicia showed that the Accident Compensation Act 2001 (NZ) did not intend the benefit to be enjoyed independently of and cumulatively upon the right to damages, so the NZD 136,705.79 entitlement had to be deducted from the agreed damages of AUD 415,000 to avoid double compensation.

Court Disposition

The plaintiff was entitled to judgment against the second defendant in an amount to be agreed, calculated by deducting NZD 136,705.79 from agreed damages of AUD 415,000; costs reserved.

Orders

  • ['The plaintiff is entitled to a judgment against the defendant in an amount to be agreed between the parties, to be calculated by deducting the amount of NZD 136,705.79 from agreed damages of $A415,000.' 'I direct the parties to bring in a form of order to reflect this finding.' 'Costs reserved.']