CAVALLARO v FAMICORP PTY LTD [2000] NSWSC 480

CAVALLARO v FAMICORP PTY LTD [2000] NSWSC 480

Plaintiff entitled to compensation owing to permanent workplace injury impeding wage-earning capacity, as substantiated by medical evidence and plaintiff's limited work history post-injury, though compensation reduced for unreliable disclosures and vicissitudes of life.

Parties
Plaintiff: Vincent Cavallaro; Defendant: Famicorp Pty Ltd
Jurisdiction
Australia
Judgment Date
02 June 2000
Procedural Posture
Work Injury Compensation / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Workplace Injury, Employer Liability, Damages Assessment, Contributory Negligence
Torts Personal Injury Workplace Injury Employer Liability Damages Assessment Contributory Negligence

Case Brief

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Parties

Vincent Cavallaro

Plaintiff

Famicorp Pty Ltd

Defendant

Procedural Posture

Work Injury Compensation / Judgment

Legal Issues

  1. 1 Extent of loss of wage-earning capacity due to workplace injury
  2. 2 Credibility of plaintiff regarding work and earned income
  3. 3 Entitlement and quantum of compensation for personal injury

Ratio Decidendi

Plaintiff entitled to compensation owing to permanent workplace injury impeding wage-earning capacity, as substantiated by medical evidence and plaintiff's limited work history post-injury, though compensation reduced for unreliable disclosures and vicissitudes of life.

Court Disposition

Judgment for the plaintiff

Orders

  • Verdict and judgment for the plaintiff in the sum of $365,923.75
  • Defendant to pay plaintiff's costs, to be agreed or assessed