Travers v Caringa Enterprises Ltd [2017] NSWDC 143

Travers v Caringa Enterprises Ltd [2017] NSWDC 143

The plaintiff failed to prove that, but for the injury, she would have progressed beyond her established pattern of principally two days per week with occasional additional shifts, or that she had income-producing self-employment opportunities warranting even a small buffer. The Court accepted the defendant's assessment as a sensible reflection of the plaintiff's actual work history, rejected the claimed self-employment buffer and inflated advancement and weekend-work claims, refused leave to reopen to tender David Green's statement, and awarded damages by reference to the defendant's schedule subject to short minutes confirming the mathematically agreed judgment sum.

Jurisdiction
Australia
Judgment Date
14 June 2017
Procedural Posture
Civil Work Injury Damages Proceedings / Principal Judgment Following Hearing on Assessment of Damages, With the Sole Issue Being Quantum of Past and Future Economic Loss
Outcome
Judgment for the plaintiff; damages to be reflected in short minutes of order based on the mathematically agreed judgment sum, with costs to the plaintiff and liberty to apply including as to interest under s 151M Workers Compensation Act 1987 (NSW).
Legal Topics
['assessment of Damages' 'past Economic Loss' 'future Economic Loss' 'earning Capacity' 'loss of Opportunity' 'interest Under S 151 M Workers Compensation Act 1987 (nsw)' 'application to Reopen Case']
['work Injury' 'personal Injury' 'workers Compensation' 'damages'] ['assessment of Damages' 'past Economic Loss' 'future Economic Loss' 'earning Capacity' 'loss of Opportunity' 'interest Under S 151 M Workers Compensation Act 1987 (nsw)' 'application to Reopen Case']

Case Brief

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Procedural Posture

Civil Work Injury Damages Proceedings / Principal Judgment Following Hearing on Assessment of Damages, With the Sole Issue Being Quantum of Past and Future Economic Loss

Legal Issues

  1. 1 ["What amount should be allowed for the plaintiff's past and future economic loss arising from her workplace back injury." 'Whether the plaintiff should receive a buffer for alleged lost opportunities in remedial massage, equine therapy or horse-related services despite no declared earnings or specific evidence of income.' 'Whether the plaintiff would probably have advanced from two days per week to greater hours, higher pay, weekend work or other positions with the defendant or in the health care industry.' "Whether leave should be granted to reopen the plaintiff's case to tender the statement of David Green." 'Whether any claim for interest under s 151M Workers Compensation Act 1987 (NSW) should be determined at this stage.']

Ratio Decidendi

The plaintiff failed to prove that, but for the injury, she would have progressed beyond her established pattern of principally two days per week with occasional additional shifts, or that she had income-producing self-employment opportunities warranting even a small buffer. The Court accepted the defendant's assessment as a sensible reflection of the plaintiff's actual work history, rejected the claimed self-employment buffer and inflated advancement and weekend-work claims, refused leave to reopen to tender David Green's statement, and awarded damages by reference to the defendant's schedule subject to short minutes confirming the mathematically agreed judgment sum.

Court Disposition

Judgment for the plaintiff; damages to be reflected in short minutes of order based on the mathematically agreed judgment sum, with costs to the plaintiff and liberty to apply including as to interest under s 151M Workers Compensation Act 1987 (NSW).

Orders

  • ['Judgment for the plaintiff.' 'The parties are to bring in short minutes of order reflecting the mathematically agreed judgment sum.' "Defendant pay plaintiff's costs, with liberty to apply (including liberty to apply for interest pursuant to s 151M Workers Compensation Act 1987 (NSW))."]