Strikwerda v B I Contracting Pty Ltd and Anor [2004] NSWDDT 50

Strikwerda v B I Contracting Pty Ltd and Anor [2004] NSWDDT 50

BI (Contracting) Pty Ltd failed to establish circumstances warranting reduction of damages in the Wrongs Act action, as no evidence was provided regarding the value of estate benefits; assessment of deduction is not purely arithmetical; therefore, damages are not reduced.

Jurisdiction
Australia
Judgment Date
30 November 2004
Procedural Posture
Application for Reconsideration / Post Verdict, Ex Tempore Judgment
Outcome
Application refused
Legal Topics
['assessment of Damages' 'survival Actions' 'dependency Actions' 'deduction of Estate Benefits']
['tort Law' 'statutory Compensation' 'dust Diseases'] ['assessment of Damages' 'survival Actions' 'dependency Actions' 'deduction of Estate Benefits']

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Procedural Posture

Application for Reconsideration / Post Verdict, Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether damages in the Wrongs Act action should be reduced by amounts accruing to plaintiff from estate action' 'Onus and evidentiary burden regarding value of estate benefits']

Ratio Decidendi

BI (Contracting) Pty Ltd failed to establish circumstances warranting reduction of damages in the Wrongs Act action, as no evidence was provided regarding the value of estate benefits; assessment of deduction is not purely arithmetical; therefore, damages are not reduced.

Court Disposition

Application refused

Orders

  • ["BI (Contracting) Pty Ltd to pay plaintiff's costs as agreed or assessed" 'Stay granted as to $42,000 to first defendant upon filing notice of appeal and paying $42,000 within 7 days' "First defendant to pay plaintiff and second defendant's costs of this application"]