Ranieri v Nominal Defendant [2000] NSWSC 812

Ranieri v Nominal Defendant [2000] NSWSC 812

The Court assessed the remaining non-GST heads of damage by making global allowances where precise calculation was not possible: $250,000 for home alterations, $100,000 for additional maintenance, $5,127,340 for future care, and $7,000 for physiotherapy, while deferring the GST component.

Jurisdiction
Australia
Judgment Date
17 August 2000
Procedural Posture
Common Law Damages Assessment / Further Judgment on Outstanding Heads of Damage After Earlier Judgment and Refusal of the First Defendant's Application for Leave to Re Open
Outcome
Outstanding heads of damage assessed in part; GST component deferred.
Legal Topics
['assessment of Heads of Damage' 'future Care' 'home Alterations' 'additional Maintenance Costs' 'physiotherapy Costs' 'goods and Services Tax']
['common Law' 'damages'] ['assessment of Heads of Damage' 'future Care' 'home Alterations' 'additional Maintenance Costs' 'physiotherapy Costs' 'goods and Services Tax']

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Procedural Posture

Common Law Damages Assessment / Further Judgment on Outstanding Heads of Damage After Earlier Judgment and Refusal of the First Defendant's Application for Leave to Re Open

Legal Issues

  1. 1 ['What global sum should be allowed for home alterations and associated additional maintenance costs.' 'What amount should be allowed for future care costs.' 'What amount should be allowed for physiotherapy consultation and supervision.' 'How the GST component should be dealt with.']

Ratio Decidendi

The Court assessed the remaining non-GST heads of damage by making global allowances where precise calculation was not possible: $250,000 for home alterations, $100,000 for additional maintenance, $5,127,340 for future care, and $7,000 for physiotherapy, while deferring the GST component.

Court Disposition

Outstanding heads of damage assessed in part; GST component deferred.

Orders

  • ['A global sum of $250,000 is allowed for home alterations.' 'A global sum of $100,000 is allowed for additional maintenance.' 'The sum of $5,127,340 is allowed for future care.' 'The sum of $7,000 is allowed for physiotherapy.' 'The GST component remains outstanding.']