Vo v Tran (No 2) [2016] NSWSC 1198

Vo v Tran (No 2) [2016] NSWSC 1198

The earlier $125,000 buffer for future economic loss did not include consideration of future superannuation, but because a buffer award is not calculated by applying a percentage to weekly loss, only a modest additional sum of $5,000 was allowed for future lost superannuation contributions. The future physiotherapy claim was refused because the evidence was scant and no specific head of claim had been particularised, making an award unfair and not quantifiable. The plaintiff, as successful party, was awarded costs on the ordinary basis.

Jurisdiction
Australia
Judgment Date
30 August 2016
Procedural Posture
Common Law Damages Proceedings / Further Submissions on Damages and Final Orders After Reasons for Judgment Delivered on 29 July 2016
Outcome
Verdict and judgment entered for the plaintiff against the defendants in the amount of $512,764.94, with costs on the ordinary basis.
Legal Topics
['future Economic Loss' 'future Lost Superannuation Contributions' 'future Physiotherapy' 'non Economic Loss' 'costs Follow the Event']
['damages' 'civil Liability' 'costs'] ['future Economic Loss' 'future Lost Superannuation Contributions' 'future Physiotherapy' 'non Economic Loss' 'costs Follow the Event']

Case Brief

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Procedural Posture

Common Law Damages Proceedings / Further Submissions on Damages and Final Orders After Reasons for Judgment Delivered on 29 July 2016

Legal Issues

  1. 1 ['Whether an allowance should be made for future lost superannuation contributions in addition to the buffer for future economic loss.' 'Whether the plaintiff should receive an amount for future physiotherapy.' 'What final judgment sum and costs orders should be made.']

Ratio Decidendi

The earlier $125,000 buffer for future economic loss did not include consideration of future superannuation, but because a buffer award is not calculated by applying a percentage to weekly loss, only a modest additional sum of $5,000 was allowed for future lost superannuation contributions. The future physiotherapy claim was refused because the evidence was scant and no specific head of claim had been particularised, making an award unfair and not quantifiable. The plaintiff, as successful party, was awarded costs on the ordinary basis.

Court Disposition

Verdict and judgment entered for the plaintiff against the defendants in the amount of $512,764.94, with costs on the ordinary basis.

Orders

  • ['I enter verdict and judgment in favour of the plaintiff in the amount of $512,764.94.' "I order that the defendants pay the plaintiff's costs of the proceedings on the ordinary basis, including the hearing on 18 August 2016."]