Luke as tutor for Luke v Workers Compensation Nominal Insurer [2010] NSWDC 18

Luke as tutor for Luke v Workers Compensation Nominal Insurer [2010] NSWDC 18

Damages for loss of capacity to earn income under s 151G Workers Compensation Act 1987 extend to cover the cost of funds management where the plaintiff, due to injury by defendant's negligence, lacks capacity to manage a compensation fund.

Jurisdiction
Australia
Judgment Date
17 February 2010
Procedural Posture
Civil / Interlocutory Judgment Determining Liability and Assessment of Damages, With Matter Stood Over to Determine Funds Management, Interest and Costs
Outcome
Matter stood over for further determination of quantum of funds management, interest and costs, with interlocutory judgment delivered as to availability of damages for funds management and orders for loss of income earning capacity.
Legal Topics
['assessment of Damages' 'loss of Earning Capacity' 'compensation for Funds Management']
['personal Injury' 'workers Compensation'] ['assessment of Damages' 'loss of Earning Capacity' 'compensation for Funds Management']

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Procedural Posture

Civil / Interlocutory Judgment Determining Liability and Assessment of Damages, With Matter Stood Over to Determine Funds Management, Interest and Costs

Legal Issues

  1. 1 ["Extent of the plaintiff's residual income earning capacity" 'Liability of the defendant for the cost of funds management under s 151G Workers Compensation Act 1987']

Ratio Decidendi

Damages for loss of capacity to earn income under s 151G Workers Compensation Act 1987 extend to cover the cost of funds management where the plaintiff, due to injury by defendant's negligence, lacks capacity to manage a compensation fund.

Court Disposition

Matter stood over for further determination of quantum of funds management, interest and costs, with interlocutory judgment delivered as to availability of damages for funds management and orders for loss of income earning capacity.

Orders

  • ['Matter stood over to 17 March 2010 to deal with outstanding issues of award for funds management, interest and costs, including costs reserved by Justice Price from Supreme Court proceedings.']