Dallas v Denton Building [2003] NSWSC 833

Dallas v Denton Building [2003] NSWSC 833

Because the defendant admitted liability for the fall that rendered the plaintiff paraplegic and contributory negligence was not in issue, the Court assessed damages under the Workers Compensation Act 1987. The Court found that the plaintiff probably would have worked as a subcontract carpenter and then a builder, earning $1,033.16 net per week before vicissitudes, but would retain a limited residual earning capacity after a two-year retraining period. It assessed reduced life expectancy at 10%, allowed reasonable amounts for care, assistance, housing, equipment, technology, medical and pharmaceutical needs, deducted workers compensation payments made to date, and entered judgment for the...

Jurisdiction
Australia
Judgment Date
11 September 2003
Procedural Posture
Personal Injury Damages Assessment / Hearing on Assessment of Damages After Liability Admitted; Contributory Negligence Not in Issue and Cross Claims Settled on the First Day of Hearing
Outcome
Judgment for the plaintiff in the sum of $2,423,071.12, with costs payable by the defendant as agreed or assessed.
Legal Topics
['paraplegia' 'assessment of Damages' 'future Economic Loss' 'residual Earning Capacity' 'future Care and Assistance' 'future Medical Expenses' 'gratuitous Assistance' 'life Expectancy']
['personal Injury' 'workers Compensation' 'damages'] ['paraplegia' 'assessment of Damages' 'future Economic Loss' 'residual Earning Capacity' 'future Care and Assistance' 'future Medical Expenses' 'gratuitous Assistance' 'life Expectancy']

Case Brief

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Procedural Posture

Personal Injury Damages Assessment / Hearing on Assessment of Damages After Liability Admitted; Contributory Negligence Not in Issue and Cross Claims Settled on the First Day of Hearing

Legal Issues

  1. 1 ["What damages should be awarded for the plaintiff's paraplegia where liability was admitted and contributory negligence was not in issue." "How future economic loss should be assessed having regard to the plaintiff's likely pre-accident career as a subcontract carpenter and builder and his post-accident residual earning capacity." 'What reduction, if any, should be made for diminished life expectancy.' 'What amounts should be allowed for future care, domestic assistance, technology, holidays, housing modifications, medical care, equipment and pharmaceutical expenses.']

Ratio Decidendi

Because the defendant admitted liability for the fall that rendered the plaintiff paraplegic and contributory negligence was not in issue, the Court assessed damages under the Workers Compensation Act 1987. The Court found that the plaintiff probably would have worked as a subcontract carpenter and then a builder, earning $1,033.16 net per week before vicissitudes, but would retain a limited residual earning capacity after a two-year retraining period. It assessed reduced life expectancy at 10%, allowed reasonable amounts for care, assistance, housing, equipment, technology, medical and pharmaceutical needs, deducted workers compensation payments made to date, and entered judgment for the...

Court Disposition

Judgment for the plaintiff in the sum of $2,423,071.12, with costs payable by the defendant as agreed or assessed.

Orders

  • ['Enter judgment that the defendant pay to the plaintiff the sum of $2,423,071.12.' "The defendant is to pay the plaintiff's costs as agreed or assessed."]