Cremona v RTA [2000] NSWSC 556

Cremona v RTA [2000] NSWSC 556

The assessment of damages requires allowance for the likelihood of remarriage, contingency for vicissitudes including the risk of substance abuse relapse, proper calculation of future earnings and superannuation on actuarial evidence, and an apportionment of dependency based on factual findings regarding the family's circumstances; interim payments having been made, final apportionments and calculations are reserved for further argument.

Parties
Plaintiff: Minna Maarit Cremona; Defendant: Roads & Traffic Authority
Jurisdiction
Australia
Judgment Date
20 June 2000
Procedural Posture
Compensation to Relatives (fatal Accident Claim) / Assessment of Damages, Findings on Calculation, Further Matters Reserved
Outcome
Findings as to basis of calculation made; further argument and calculations reserved; issues of apportionment, costs, management fees, and goodwill to be heard later.
Legal Topics
Assessment of Damages, Dependency, Superannuation, Remarriage Prospects, Substance Abuse Effect on Damages, Calculation of Economic Loss
Tort Law Compensation Law Assessment of Damages Dependency Superannuation Remarriage Prospects Substance Abuse Effect on Damages Calculation of Economic Loss

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Parties

Minna Maarit Cremona

Plaintiff

Roads & Traffic Authority

Defendant

Procedural Posture

Compensation to Relatives (fatal Accident Claim) / Assessment of Damages, Findings on Calculation, Further Matters Reserved

Legal Issues

  1. 1 Assessment of damages under Compensation to Relatives Act 1987
  2. 2 Effect of deceased's past substance abuse on calculation of damages
  3. 3 Prospects of plaintiff's remarriage as a discounting factor

Ratio Decidendi

The assessment of damages requires allowance for the likelihood of remarriage, contingency for vicissitudes including the risk of substance abuse relapse, proper calculation of future earnings and superannuation on actuarial evidence, and an apportionment of dependency based on factual findings regarding the family's circumstances; interim payments having been made, final apportionments and calculations are reserved for further argument.

Court Disposition

Findings as to basis of calculation made; further argument and calculations reserved; issues of apportionment, costs, management fees, and goodwill to be heard later.

Orders

  • Questions of management of workers compensation payments, apportionment, management fees, and loss of goodwill stood over for further submission.
  • Parties to furnish submissions on findings in advance of future hearing.