Kabic v Workers Compensation Nominal Insurer (No 4) [2018] NSWSC 330

Kabic v Workers Compensation Nominal Insurer (No 4) [2018] NSWSC 330

Because the plaintiff's form worker employment would have ended in any event by the time he became 50 years of age due to physical incapacity to perform it, the fall occasioned no future economic loss after that point; on the accepted calculations, judgment should be entered for the plaintiff against Calcono Pty Ltd for $452,395.18 after contributory negligence.

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Tort – Negligence – Personal Injury / Supplementary Reasons to Substantive Judgment; Consequential Orders as to Quantum, With Costs Reserved
Outcome
Verdict for the plaintiff against the third defendant, Calcono Pty Ltd, in the sum of $452,395.18; costs reserved.
Legal Topics
['correction of Slip' 'future Economic Loss' 'non Economic Loss' 'contributory Negligence' 'damages Assessment' 'costs Reserved']
['tort' 'negligence' 'personal Injury'] ['correction of Slip' 'future Economic Loss' 'non Economic Loss' 'contributory Negligence' 'damages Assessment' 'costs Reserved']

Case Brief

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Procedural Posture

Tort – Negligence – Personal Injury / Supplementary Reasons to Substantive Judgment; Consequential Orders as to Quantum, With Costs Reserved

Legal Issues

  1. 1 ['Whether a slip in the substantive judgment referring to a putative retirement age of 65 should be corrected to 67 years of age.' 'Whether the substantive judgment should be clarified as to future economic loss after the plaintiff becomes 50 years of age.' 'What final pecuniary order should be made after clarification of the outstanding issues.']

Ratio Decidendi

Because the plaintiff's form worker employment would have ended in any event by the time he became 50 years of age due to physical incapacity to perform it, the fall occasioned no future economic loss after that point; on the accepted calculations, judgment should be entered for the plaintiff against Calcono Pty Ltd for $452,395.18 after contributory negligence.

Court Disposition

Verdict for the plaintiff against the third defendant, Calcono Pty Ltd, in the sum of $452,395.18; costs reserved.

Orders

  • ['Verdict for the plaintiff against the third defendant, Calcono Pty Ltd, in the sum of $452,395.18.' 'Costs reserved.']