LIBRERI v IRONIDOL PTY LTD & ORS (No 2) [2007] NSWCA 198

LIBRERI v IRONIDOL PTY LTD & ORS (No 2) [2007] NSWCA 198

The Court determined that the previous award was not inclusive of superannuation. It found that s19(3) of the Civil Liability Act 2002 did not apply to damages against the employer, as proceedings against the employer commenced prior to the Act. Damages should be recalculated, with separate awards against the employer and against the other respondent parties, applying relevant statutory principles.

Parties
Appellant: Steven Libreri; First Respondent: Ironidol Pty Ltd; Second and Third Respondents: Second and Third Respondents (names not specified)
Jurisdiction
Australia
Judgment Date
13 August 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Future Economic Loss, Superannuation, Joint and Several Liability, Tortfeasors, Contribution, Applicability of Civil Liability Act, Assessment of Damages
Damages Torts Workers' Compensation Future Economic Loss Superannuation Joint and Several Liability Tortfeasors Contribution +2 more

Case Brief

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Parties

Steven Libreri

Appellant

Ironidol Pty Ltd

First Respondent

Second and Third Respondents (names not specified)

Second and Third Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the award in previous proceedings was inclusive of superannuation
  2. 2 Applicability of Civil Liability Act 2002 and s19(3) to the proceedings commenced against third parties
  3. 3 Correct calculation and apportionment of damages under Workers Compensation Act and Civil Liability Act

Ratio Decidendi

The Court determined that the previous award was not inclusive of superannuation. It found that s19(3) of the Civil Liability Act 2002 did not apply to damages against the employer, as proceedings against the employer commenced prior to the Act. Damages should be recalculated, with separate awards against the employer and against the other respondent parties, applying relevant statutory principles.

Court Disposition

Appeal allowed

Orders

  • Respondents to pay the appellant's costs of the appeal to this Court.
  • Respondents to have a certificate under Suitors' Fund Act 1951, if qualified.