Lloyd-Jones v Pontil Pty Ltd [2003] NSWCC 15

Lloyd-Jones v Pontil Pty Ltd [2003] NSWCC 15

The deceased would probably have continued to provide his mother with substantial periodic labour, food, fuel, materials and emergency assistance, and the financial value of that lost support was compensable under s 26. The court valued two lost past visits at $18,000, future support at $50,847 after applying a 3 per cent discount rate and 15 per cent for vicissitudes, added interest of $1,960.20, and awarded $70,807.20 to the applicant.

Jurisdiction
Australia
Judgment Date
08 July 2003
Procedural Posture
Claim Under S 26 of the Workers Compensation Act 1987 Arising From the Death of a Worker / Ex Tempore Judgment After Hearing
Outcome
Award for the applicant for $70,807.20 pursuant to s 26, with costs.
Legal Topics
['death of Worker' 'dependency Compensation' 'valuation of Financial Support' 'discount Rate' 'vicissitudes' 'costs']
['workers Compensation'] ['death of Worker' 'dependency Compensation' 'valuation of Financial Support' 'discount Rate' 'vicissitudes' 'costs']

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Procedural Posture

Claim Under S 26 of the Workers Compensation Act 1987 Arising From the Death of a Worker / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['How to value the financial support which Colin Stephan Lloyd-Jones provided to his mother before his death.' 'Whether future lost support should be calculated using a 3 per cent or 5 per cent discount rate.' 'Whether and how to discount future loss for vicissitudes.' "Whether the respondent should pay the applicant's costs of attending Sydney for the hearing."]

Ratio Decidendi

The deceased would probably have continued to provide his mother with substantial periodic labour, food, fuel, materials and emergency assistance, and the financial value of that lost support was compensable under s 26. The court valued two lost past visits at $18,000, future support at $50,847 after applying a 3 per cent discount rate and 15 per cent for vicissitudes, added interest of $1,960.20, and awarded $70,807.20 to the applicant.

Court Disposition

Award for the applicant for $70,807.20 pursuant to s 26, with costs.

Orders

  • ['Award for the applicant for $70,807.20 pursuant to s 26.' "The respondent is to pay the applicant's costs." "The applicant's counsel is certified as entitled to full refresher for today." 'Additional conference certified at $200.']