Oroz v Hansen Yuncken Pty Ltd & Anor [2005] NSWSC 203

Oroz v Hansen Yuncken Pty Ltd & Anor [2005] NSWSC 203

Damages for fund management shall be quantified on the assumption that, during his lifetime, the plaintiff will dissipate 60% of the capital in the fund, leaving 40% of the initial sum intact at the end of his projected life.

Parties
Plaintiff: Ilija Oroz; 1st Defendant: Hansen Yuncken Pty Ltd; 2nd Defendant: Auburn United Formwork Pty Ltd
Jurisdiction
Australia
Judgment Date
15 March 2005
Procedural Posture
Interlocutory Judgment / Quantification of Damages Discrete Issue Regarding Fund Management
Outcome
Issue determined; damages for fund management to be quantified assuming 60% dissipation of the fund, leaving 40% at the end of the plaintiff's life.
Legal Topics
Calculation of Damages, Fund Management, Future Loss, Damages Dissipation Rate
Tort Law Damages Calculation of Damages Fund Management Future Loss Damages Dissipation Rate

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Parties

Ilija Oroz

Plaintiff

Hansen Yuncken Pty Ltd

1st Defendant

Auburn United Formwork Pty Ltd

2nd Defendant

Procedural Posture

Interlocutory Judgment / Quantification of Damages Discrete Issue Regarding Fund Management

Legal Issues

  1. 1 To what extent and at what rate is the amount of damages available for investment likely to be dissipated during the plaintiff's lifetime?

Ratio Decidendi

Damages for fund management shall be quantified on the assumption that, during his lifetime, the plaintiff will dissipate 60% of the capital in the fund, leaving 40% of the initial sum intact at the end of his projected life.

Court Disposition

Issue determined; damages for fund management to be quantified assuming 60% dissipation of the fund, leaving 40% at the end of the plaintiff's life.

Orders

  • Damages for fund management are to be calculated on the basis that 60% of the fund will be dissipated and 40% will remain at the end of the plaintiff's lifetime.