Hudson v Amaca Pty Ltd (No 2) [2022] NSWDDT 9

Hudson v Amaca Pty Ltd (No 2) [2022] NSWDDT 9

The assessment of damages for loss of services under Lord Campbell's Act was recalculated to accurately reflect the hours of care provided, based on up-to-date evidence, and not to include an additional percentage for future contingencies, as such a claim was not supported by the evidence or procedure at trial.

Jurisdiction
Australia
Judgment Date
21 December 2022
Procedural Posture
Reconsideration of Damages Claim Under Lord Campbell's Act / Post Judgment Reconsideration Under S 13(6) Dust Diseases Tribunal Act 1989 (nsw)
Outcome
Order (2) of 21 November 2022 vacated; damages assessed afresh and defendant ordered to pay $2,362,334 into trust account pending appointment of a trustee.
Legal Topics
['damages Assessment' 'loss of Services' 'reconsideration of Orders']
['tort Law' 'personal Injury' 'statutory Compensation'] ['damages Assessment' 'loss of Services' 'reconsideration of Orders']

Case Brief

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Procedural Posture

Reconsideration of Damages Claim Under Lord Campbell's Act / Post Judgment Reconsideration Under S 13(6) Dust Diseases Tribunal Act 1989 (nsw)

Legal Issues

  1. 1 ['Whether damages for loss of services should be recalculated to reflect the actual hours of care provided by Keith Hudson to Joseph Hudson on weekends and other relevant periods' 'Whether an additional percentage should be added to future loss of services for contingencies such as NDIS budget constraints or interruptions']

Ratio Decidendi

The assessment of damages for loss of services under Lord Campbell's Act was recalculated to accurately reflect the hours of care provided, based on up-to-date evidence, and not to include an additional percentage for future contingencies, as such a claim was not supported by the evidence or procedure at trial.

Court Disposition

Order (2) of 21 November 2022 vacated; damages assessed afresh and defendant ordered to pay $2,362,334 into trust account pending appointment of a trustee.

Orders

  • ["Vacate Order (2) made on 21 November 2022 and in lieu thereof assess damages in the claim under Lord Campbell's Act for the benefit of Joseph Hudson at $2,362,334 plus costs of funds management." 'Order the defendant to pay $2,362,334 into an interest-bearing trust account, jointly to be opened by solicitors for...