UNE v Larsen-Walsh [2000] NSWCA 363

Procedural Posture

Workers Compensation and Personal Injury Damages Appeal / Appeal From District Court Judgment Assessing Damages After Liability Was Admitted

Legal Issues

1. 1 ["Whether s 16 of the Workers Compensation Act 1987 deemed the respondent's injury to have occurred after commencement of the Act so that all damages had to be assessed under the Act as amended." 'Whether the awards for general damages and non-economic loss disclosed appealable error, including by alleged overlap or excessiveness.' 'Whether the award for past voluntary services based on four hours per day was excessive or contrary to s 151K(3) of the Workers Compensation Act 1987.']

Ratio Decidendi

Section 16 of the Workers Compensation Act 1987 did not require the respondent's entire damages claim to be assessed under the Act as amended because the deeming provision applies to compensation claims and does not affect common law damages rights for pre-30 June 1987 events. The assessments of general damages and non-economic loss were supported by the evidence, were not shown to overlap in an appealable way, and were not outside the range of a sound discretionary judgment. The award for past voluntary services was not excessive or contrary to s 151K(3) because allowance had been made for services the husband would have provided for himself or jointly in any event.

Court Disposition

Appeal dismissed with costs.

Orders

• ['Appeal dismissed with costs.']