Campton v Centennial Newstan Pty Ltd (No 3) [2015] NSWSC 410

Campton v Centennial Newstan Pty Ltd (No 3) [2015] NSWSC 410

Set-off of carer's payment is limited to periods during which such payments were received and only to heads of damage for personal care; no set-off is permissible against damages for gratuitous care provided before payment commenced, nor against domestic assistance. Economic loss includes superannuation where capped at statutory rate, thus separate recovery is not permitted. Discount for contingencies has already been applied sufficiently to future domestic services.

Jurisdiction
Australia
Judgment Date
14 April 2015
Procedural Posture
Negligence Workplace Injury / Consequential Orders Post Liability Judgment
Outcome
Damages assessed for personal injury with appropriate set-off for care head; no further offset for domestic assistance; superannuation loss excluded as separate head; 15% discount for contingencies confirmed for future domestic (external) services.
Legal Topics
['workplace Accident' 'quantum of Damages' 'economic Loss' 'superannuation' 'care and Domestic Assistance' 'social Security Set Off']
['negligence' 'damages' 'personal Injury' 'employment Law'] ['workplace Accident' 'quantum of Damages' 'economic Loss' 'superannuation' 'care and Domestic Assistance' 'social Security Set Off']

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Procedural Posture

Negligence Workplace Injury / Consequential Orders Post Liability Judgment

Legal Issues

  1. 1 ['Calculation of future economic loss period and amount' 'Appropriate set-off of carer’s payment against damages for care and/or domestic assistance' 'Whether loss of superannuation is separately compensable' 'Discounting for contingencies in future domestic/external services']

Ratio Decidendi

Set-off of carer's payment is limited to periods during which such payments were received and only to heads of damage for personal care; no set-off is permissible against damages for gratuitous care provided before payment commenced, nor against domestic assistance. Economic loss includes superannuation where capped at statutory rate, thus separate recovery is not permitted. Discount for contingencies has already been applied sufficiently to future domestic services.

Court Disposition

Damages assessed for personal injury with appropriate set-off for care head; no further offset for domestic assistance; superannuation loss excluded as separate head; 15% discount for contingencies confirmed for future domestic (external) services.

Orders

  • ['Future loss of earnings assessed to age 66.5 years (3.5 years): $264,674.00' "Carer's payment received by plaintiff's wife set-off against personal care claim for second post-operative period only, not first period" "Carer's payment not set-off against domestic assistance claims (past or future)" 'No further...