Roberts v Comcare [2018] NSWDDT 5

Roberts v Comcare [2018] NSWDDT 5

Following previous Tribunal decisions, the plaintiff is not entitled to damages for loss of future Centrelink age pension. Damages for loss of superannuation pension are offset in full by the present value of the reversionary benefit to the plaintiff's spouse. General, expectation of life, and gratuitous care damages are awarded as agreed. Judgment is expedited in view of pending High Court clarification of pension issues.

Parties
Plaintiff: Donald Roberts; Defendant: Comcare
Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Damages Claim for Dust Disease / Principal Judgment After Expedited Hearing
Outcome
Judgment for the plaintiff.
Legal Topics
Damages Assessment, Asbestos Exposure, Economic Loss, Pension Entitlements
Torts Personal Injury Dust Diseases Damages Assessment Asbestos Exposure Economic Loss Pension Entitlements

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Parties

Donald Roberts

Plaintiff

Comcare

Defendant

Procedural Posture

Damages Claim for Dust Disease / Principal Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether damages are available for loss of Centrelink age pension.
  2. 2 Whether damages are available for loss of superannuation pension and proper approach to reversionary benefit to spouse.

Ratio Decidendi

Following previous Tribunal decisions, the plaintiff is not entitled to damages for loss of future Centrelink age pension. Damages for loss of superannuation pension are offset in full by the present value of the reversionary benefit to the plaintiff's spouse. General, expectation of life, and gratuitous care damages are awarded as agreed. Judgment is expedited in view of pending High Court clarification of pension issues.

Court Disposition

Judgment for the plaintiff.

Orders

  • Judgment for the plaintiff against the defendant for $392,500.
  • Order the defendant to pay the plaintiff's costs.