ARNOLD v HANCOCK (DAMAGES 2) [2007] NSWSC 659

ARNOLD v HANCOCK (DAMAGES 2) [2007] NSWSC 659

The value of retained Workers Compensation rights must be assessed as at the notional trial date of 29 February 2000, consistent with Tipper v Williams (No 2). Both the Common Law verdict and retained rights must be valued on the same date. Damages may include an allowance for the benefit of a lump sum (here, $50,000) if the Plaintiff suffered loss, interest only applies to any difference in favour of the Plaintiff, and nominal damages for breach of contract are warranted.

Parties
Plaintiff: Jason Arnold; Defendant: Ken Hancock, practising as Hancock Alldis; Cross Defendant: Barrister retained by Defendant (name not stated)
Jurisdiction
Australia
Judgment Date
28 June 2007
Procedural Posture
Civil, Negligence and Breach of Contract / Damages Assessment, Post Liability Judgment
Outcome
No order; matter stood over for further consideration of damages calculation.
Legal Topics
Solicitor Negligence, Breach of Retainer, Damages Calculation, Workers Compensation, Loss of Chance
Professional Negligence Contract Law Personal Injury Solicitor Negligence Breach of Retainer Damages Calculation Workers Compensation Loss of Chance

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Parties

Jason Arnold

Plaintiff

Ken Hancock, practising as Hancock Alldis

Defendant

Barrister retained by Defendant (name not stated)

Cross Defendant

Procedural Posture

Civil, Negligence and Breach of Contract / Damages Assessment, Post Liability Judgment

Legal Issues

  1. 1 Calculation of damages in solicitor negligence
  2. 2 Proper valuation date for damages and Workers Compensation rights
  3. 3 Allowance for lump sum value versus periodic payments

Ratio Decidendi

The value of retained Workers Compensation rights must be assessed as at the notional trial date of 29 February 2000, consistent with Tipper v Williams (No 2). Both the Common Law verdict and retained rights must be valued on the same date. Damages may include an allowance for the benefit of a lump sum (here, $50,000) if the Plaintiff suffered loss, interest only applies to any difference in favour of the Plaintiff, and nominal damages for breach of contract are warranted.

Court Disposition

No order; matter stood over for further consideration of damages calculation.