Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 6

Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 6

It is appropriate to halve the annual interest figure to reflect the six-month period, and to amend the verdict and judgment accordingly by deducting the correct interest amount so the sum awarded is accurately reflected.

Parties
Plaintiff: Kenneth Wallace; Defendant: Amaca Pty Limited
Jurisdiction
Australia
Judgment Date
15 January 2007
Procedural Posture
Civil / Judgment – Further Amendment to Verdict and Judgment
Outcome
verdict and judgment for the plaintiff, amended to correct interest component and reflect claim for loss of expectation of life
Legal Topics
Interest Adjustment, Damages Assessment, Personal Injuries
Torts Dust Diseases Interest Adjustment Damages Assessment Personal Injuries

Case Brief

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Parties

Kenneth Wallace

Plaintiff

Amaca Pty Limited

Defendant

Procedural Posture

Civil / Judgment – Further Amendment to Verdict and Judgment

Legal Issues

  1. 1 appropriate calculation of interest on Griffiths v Kerkemeyer damages
  2. 2 adjustment of verdict and judgment sum to reflect interest correction
  3. 3 consideration of claim for loss of expectation of life

Ratio Decidendi

It is appropriate to halve the annual interest figure to reflect the six-month period, and to amend the verdict and judgment accordingly by deducting the correct interest amount so the sum awarded is accurately reflected.

Court Disposition

verdict and judgment for the plaintiff, amended to correct interest component and reflect claim for loss of expectation of life

Orders

  • The verdict and judgment for the plaintiff is amended to the sum of $195,128.89