TIPPER v WILLIAMS [1993] NSWCA 269

TIPPER v WILLIAMS [1993] NSWCA 269

Judgment in favour of the plaintiff against the solicitor set aside for errors in assessment of damages; damages to be reassessed allowing deduction for continuing workers' compensation rights; further evidence on value of continuing entitlement to be admitted; costs order not disturbed.

Parties
Appellant: Tipper; Respondent: Williams; Respondent: Employer (unnamed)
Jurisdiction
Australia
Judgment Date
12 May 1993
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; judgment set aside except as to costs; damages to be reassessed; specific directions for evidence and further hearing.
Legal Topics
Solicitor's Negligence, Assessment of Damages, Workers' Compensation, Interest, Taxation, Costs Orders
Tort Law Professional Negligence Solicitor's Negligence Assessment of Damages Workers' Compensation Interest Taxation Costs Orders

Case Brief

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Parties

Tipper

Appellant

Williams

Respondent

Employer (unnamed)

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether deduction should be made from damages awarded against solicitor to account for continuing entitlement to workers' compensation payments in respect of future earning capacity
  2. 2 Whether interest awarded at commercial rate was proper and required allowance for taxation
  3. 3 Whether trial judge erred in finding causation as to which accident caused plaintiff's disabilities

Ratio Decidendi

Judgment in favour of the plaintiff against the solicitor set aside for errors in assessment of damages; damages to be reassessed allowing deduction for continuing workers' compensation rights; further evidence on value of continuing entitlement to be admitted; costs order not disturbed.

Court Disposition

Appeal allowed; judgment set aside except as to costs; damages to be reassessed; specific directions for evidence and further hearing.

Orders

  • Appeal allowed against judgment in favour of first respondent against appellant.
  • Judgment in favour of first respondent against appellant set aside except as to costs.