Oroz v Hansen Yuncken Pty Ltd & Anor [2006] NSWSC 737

Oroz v Hansen Yuncken Pty Ltd & Anor [2006] NSWSC 737

The decision in Gordian Runoff Ltd v Heyday Group Pty Ltd does not alter the common law right of a plaintiff to judgment against each joint tortfeasor for the full damages amount (as adjusted according to s151Z Workers Compensation Act), nor restrict the plaintiff's entitlement to damages for fund management by reason of professional administration or purported tax deductibility. Issues determined in prior judgments will not be re-litigated absent sound basis.

Parties
Plaintiff: Ilija Oroz; 1st Defendant: Hansen Yuncken Pty Ltd; 2nd Defendant: Auburn United Formwork Pty Ltd
Jurisdiction
Australia
Judgment Date
28 April 2006
Procedural Posture
Civil / Post Trial Interlocutory Judgment Addressing Outstanding Quantification and Damages Issues
Outcome
Parties to notify when final orders reflecting all determinations in this matter have been prepared; judgment for the plaintiff to be entered (in due course) against each defendant for adjusted damages.
Legal Topics
Quantification of Damages, Fund Management Damages, Workers' Compensation, Contribution Between Tortfeasors, Tax Deductibility in Damages Calculations, Effect of Judgments on Joint Tortfeasors, Relitigation of Settled Issues, Professional Ethics
Torts Personal Injury Civil Procedure Quantification of Damages Fund Management Damages Workers' Compensation Contribution Between Tortfeasors Tax Deductibility in Damages Calculations +3 more

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Parties

Ilija Oroz

Plaintiff

Hansen Yuncken Pty Ltd

1st Defendant

Auburn United Formwork Pty Ltd

2nd Defendant

Procedural Posture

Civil / Post Trial Interlocutory Judgment Addressing Outstanding Quantification and Damages Issues

Legal Issues

  1. 1 Effect of Gordian Runoff Ltd v Heyday Group Pty Ltd on joint tortfeasor liability; whether s151Z Workers Compensation Act 1987 alters common law liability proportions
  2. 2 Whether tax deductibility of fund management costs should reduce damages awarded for fund management
  3. 3 Plaintiff’s entitlement to costs of fund management in light of professional administration

Ratio Decidendi

The decision in Gordian Runoff Ltd v Heyday Group Pty Ltd does not alter the common law right of a plaintiff to judgment against each joint tortfeasor for the full damages amount (as adjusted according to s151Z Workers Compensation Act), nor restrict the plaintiff's entitlement to damages for fund management by reason of professional administration or purported tax deductibility. Issues determined in prior judgments will not be re-litigated absent sound basis.

Court Disposition

Parties to notify when final orders reflecting all determinations in this matter have been prepared; judgment for the plaintiff to be entered (in due course) against each defendant for adjusted damages.