TIPPER v WILLIAMS (NO 2) [1994] NSWCA 312

TIPPER v WILLIAMS (NO 2) [1994] NSWCA 312

The appropriate deduction from the respondent's damages is the discounted present value of weekly workers' compensation entitlements until retirement, reduced further by a discount for vicissitudes, rather than the lower redemption amount, and credit should be given for compensation payments received after the notional trial date.

Parties
Appellant: Tipper; First Respondent: Williams
Jurisdiction
Australia
Judgment Date
06 May 1994
Procedural Posture
Appeal / Determination of Quantum on Appeal After Remitter for Further Evidence and Calculation
Outcome
Appeal allowed in part. Judgment for the respondent reduced by adjusted calculation.
Legal Topics
Workers' Compensation Rights, Future Earning Capacity, Deduction for Compensation Entitlements, Quantum Assessment, Calculation of Damages
Damages Professional Negligence Workers' Compensation Rights Future Earning Capacity Deduction for Compensation Entitlements Quantum Assessment Calculation of Damages

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Parties

Tipper

Appellant

Williams

First Respondent

Procedural Posture

Appeal / Determination of Quantum on Appeal After Remitter for Further Evidence and Calculation

Legal Issues

  1. 1 Whether the trial judge failed to deduct the value of continuing workers' compensation entitlements from damages for loss of future earning capacity
  2. 2 How the deduction on account of workers' compensation entitlements ought to be valued—by redemption value or discounted weekly payments

Ratio Decidendi

The appropriate deduction from the respondent's damages is the discounted present value of weekly workers' compensation entitlements until retirement, reduced further by a discount for vicissitudes, rather than the lower redemption amount, and credit should be given for compensation payments received after the notional trial date.

Court Disposition

Appeal allowed in part. Judgment for the respondent reduced by adjusted calculation.

Orders

  • Short minutes to be handed up and final orders to be entered after parties have studied the reasons and submitted agreed minutes, or after further mention if required.