Kennedy v CIMIC Group Ltd and CPB Contractors Pty Ltd (No 2) [2020] NSWDDT 8

Kennedy v CIMIC Group Ltd and CPB Contractors Pty Ltd (No 2) [2020] NSWDDT 8

It is appropriate to apply the 3% deferred multiplier to the second period of future damages and correct the judgment under the slip rule, as the failure to apply it was an accidental slip or omission in the assessment of s 15B damages.

Jurisdiction
Australia
Judgment Date
07 October 2020
Procedural Posture
Amendment Application / Post Judgment, on the Papers
Outcome
Orders amending judgment and damages; parties to pay their own costs of this application.
Legal Topics
['amendment of Judgment' 'damages Assessment' 'slip Rule' 'dust Diseases']
['civil Procedure' 'tort Law'] ['amendment of Judgment' 'damages Assessment' 'slip Rule' 'dust Diseases']

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Procedural Posture

Amendment Application / Post Judgment, on the Papers

Legal Issues

  1. 1 ['Whether the Tribunal should correct an accidental slip or omission relating to the calculation of future damages under s 15B Civil Liability Act 2002 (NSW)']

Ratio Decidendi

It is appropriate to apply the 3% deferred multiplier to the second period of future damages and correct the judgment under the slip rule, as the failure to apply it was an accidental slip or omission in the assessment of s 15B damages.

Court Disposition

Orders amending judgment and damages; parties to pay their own costs of this application.

Orders

  • ['The figures in order 1 and order 3 in the principal judgment amended to substitute $690,562 with $685,726.' 'The award for the second period of s 15B damages in the future at [288] of the principal judgment amended to substitute $112,448 with $107,612.' 'The total award of s 15B damages for the future at [289] and...