Amaca Pty Limited v LatzLatz v Amaca Pty LimitedCitation:[2018] HCA 22Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:13 Jun 2018Case Number:A8/2018, A7/2018Read more

Superannuation and age pension entitlements lost due to reduced life expectancy are compensable losses, and the reversionary pension payable to the partner should be deducted from the damages award.

Parties: Claimant: Unknown Claimant; Respondent: Unknown Respondent
Jurisdiction: Australia
Judgment Date: 13 June 2018
Procedural Posture: Appeal / Judgment
Outcome: Appeal allowed in part
Legal Topics: Assessment of Damages, Superannuation Pension, Age Pension, Compensable Loss, Collateral Benefits, Lost Years

Negligence Personal Injury Damages Assessment of Damages Superannuation Pension Age Pension Compensable Loss Collateral Benefits +1 more

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Unknown Claimant

Claimant

Unknown Respondent

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether superannuation pension entitlement during pre-illness life expectancy is a compensable loss
2 Whether age pension entitlement during pre-illness life expectancy is a compensable loss
3 Whether reversionary pension payable to partner should be deducted from damages

Ratio Decidendi

Superannuation and age pension entitlements lost due to reduced life expectancy are compensable losses, and the reversionary pension payable to the partner should be deducted from the damages award.

Court Disposition

Appeal allowed in part

Orders

Damages to include lost superannuation and age pension entitlements for pre-illness life expectancy
Deduction of reversionary pension payable to partner from damages award