Poole v Comcare [2018] NSWDDT 4

Poole v Comcare [2018] NSWDDT 4

The tribunal preferred the recent approach in Londos and disallowed the claim for loss of pension in the lost years, but provided calculations in the alternative. The verdict and judgment followed that precedent.

Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Civil / Principal Judgment
Outcome
Verdict and judgment for the plaintiff
Legal Topics
['loss of Pension in Lost Years' 'damage Assessment']
['dust Diseases' 'damages'] ['loss of Pension in Lost Years' 'damage Assessment']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether damages should include loss of pension in the lost years']

Ratio Decidendi

The tribunal preferred the recent approach in Londos and disallowed the claim for loss of pension in the lost years, but provided calculations in the alternative. The verdict and judgment followed that precedent.

Court Disposition

Verdict and judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff in the sum of $850,000' "Defendant to pay the plaintiff's costs"]