Laws v GWS Machinery Pty Ltd & 2 Ors (No 3) [2007] NSWSC 1496

Laws v GWS Machinery Pty Ltd & 2 Ors (No 3) [2007] NSWSC 1496

On the evidence, except for past medical expenses and reimbursement of social security payments, the entire damages award was to be managed, and the fund was to be managed by using interest only while leaving the principal intact. Accordingly, the award was to be increased by the cost of managing the total amount otherwise awarded less those deductions, leaving a sum to be managed of $9,174,461.32.

Jurisdiction
Australia
Judgment Date
21 December 2007
Procedural Posture
Personal Injury Damages Proceeding / Application Following Final Orders for Increase of Verdict by Costs of Funds Management
Outcome
Verdict and judgment for the plaintiff increased for costs of managing a fund of $9,174,461.32, with costs of the subsequent proceedings included to the extent necessary and liberty to apply.
Legal Topics
['costs of Funds Management' 'management of Damages Fund' 'past Medical Expenses' 'reimbursement of Social Security Payments']
['tort Law' 'personal Injury' 'damages'] ['costs of Funds Management' 'management of Damages Fund' 'past Medical Expenses' 'reimbursement of Social Security Payments']

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Procedural Posture

Personal Injury Damages Proceeding / Application Following Final Orders for Increase of Verdict by Costs of Funds Management

Legal Issues

  1. 1 ['What sum, as a matter of fact, was to be managed for the purpose of assessing damages for costs of funds management.' 'Whether amounts not referable to future income or care, including past care or expense-related components, should be excluded from the fund for management purposes.' "Whether the cost of managing the fund should reduce on the basis that the damages fund would be exhausted by the end of the plaintiff's life."]

Ratio Decidendi

On the evidence, except for past medical expenses and reimbursement of social security payments, the entire damages award was to be managed, and the fund was to be managed by using interest only while leaving the principal intact. Accordingly, the award was to be increased by the cost of managing the total amount otherwise awarded less those deductions, leaving a sum to be managed of $9,174,461.32.

Court Disposition

Verdict and judgment for the plaintiff increased for costs of managing a fund of $9,174,461.32, with costs of the subsequent proceedings included to the extent necessary and liberty to apply.

Orders

  • ['Further to the orders issued on 2 November 2007 in 20076/2002, John Rodney Laws: The verdict and judgment for the plaintiff be for a further amount for the costs of managing a fund of $9,174,461.32.' 'To the extent necessary, the order for costs already made include the costs of these subsequent proceedings.'...