Gifford v Strang Patrick Stevedoring Pty Ltd [2007] NSWCA 50

Gifford v Strang Patrick Stevedoring Pty Ltd [2007] NSWCA 50

The District Court erred in applying ss 151G and 151H of the Workers Compensation Act 1987 to the children's nervous shock claims because they were suing neither as workers nor as dependants of the deceased worker. Damages therefore had to be assessed at common law. Darren was entitled to the judge's assessed general damages and out of pocket expenses with interest. Matthew's psychiatric condition and alcohol abuse continued after 1998, and the finding that his continued drinking was a voluntary and deliberate decision preventing recovery could not stand on the accepted medical evidence; he was entitled to general damages and a modest cushion for future economic loss. Kelly's general...

Jurisdiction
Australia
Judgment Date
19 March 2007
Procedural Posture
Appeals and Cross Appeals Concerning Assessment of Damages for Nervous Shock / New South Wales Court of Appeal Appeal From District Court Judgment After High Court Remitter
Outcome
Appeals allowed with costs; cross-appeals dismissed with costs; District Court judgments set aside and substitute judgments entered for each plaintiff.
Legal Topics
['nervous Shock' 'psychiatric Injury' 'general Damages' 'economic Loss' 'applicability of Workers Compensation Act 1987 Ss 151 G and 151 H']
['torts' 'damages' 'workers Compensation'] ['nervous Shock' 'psychiatric Injury' 'general Damages' 'economic Loss' 'applicability of Workers Compensation Act 1987 Ss 151 G and 151 H']

Case Brief

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Procedural Posture

Appeals and Cross Appeals Concerning Assessment of Damages for Nervous Shock / New South Wales Court of Appeal Appeal From District Court Judgment After High Court Remitter

Legal Issues

  1. 1 ['Whether ss 151G and 151H of the Workers Compensation Act 1987 governed the assessment of damages for nervous shock claims by children of a deceased worker who were not suing as workers or dependants.' 'Whether Darren Gifford was entitled to general damages and out of pocket expenses with interest.' "Whether Matthew Gifford's damages should be limited to a period ending in 1998 because of his continued drinking and cessation of anti-depressant medication." 'Whether Matthew Gifford was entitled to damages for future economic loss.' "Whether Kelly Gifford's general damages should be increased beyond the closed period found by the District Court." 'Whether Kelly Gifford was entitled to damages for economic loss arising from delay to her pharmacy career.']

Ratio Decidendi

The District Court erred in applying ss 151G and 151H of the Workers Compensation Act 1987 to the children's nervous shock claims because they were suing neither as workers nor as dependants of the deceased worker. Damages therefore had to be assessed at common law. Darren was entitled to the judge's assessed general damages and out of pocket expenses with interest. Matthew's psychiatric condition and alcohol abuse continued after 1998, and the finding that his continued drinking was a voluntary and deliberate decision preventing recovery could not stand on the accepted medical evidence; he was entitled to general damages and a modest cushion for future economic loss. Kelly's general...

Court Disposition

Appeals allowed with costs; cross-appeals dismissed with costs; District Court judgments set aside and substitute judgments entered for each plaintiff.

Orders

  • ['Darren Gifford v Strang Patrick Stevedoring Pty Ltd, CA 40176 of 2005: Appeal allowed with costs.' 'Darren Gifford v Strang Patrick Stevedoring Pty Ltd, CA 40176 of 2005: Cross-appeal dismissed with costs.' 'Darren Gifford v Strang Patrick Stevedoring Pty Ltd, CA 40176 of 2005: Judgment of the District Court set...