David Allan Frith v Integrated Forest Products Pty Ltd; under external administration and/or controller appointed (No 2)
[2013] ACTSC 229
•12 November 2013
DAVID ALLAN FRITH v INTEGRATED FOREST PRODUCTS PTY LTD
under external administration and/or controller appointed (No 2)
[2013] ACTSC 229 (12 November 2013)
DAMAGES – personal injury – workplace injury – reasons previously published – final orders
No. SC 581 of 2010
Master Harper
Supreme Court of the ACT
Date: 12 November 2013
IN THE SUPREME COURT OF THE )
) No. SC 581 of 2010
AUSTRALIAN CAPITAL TERRITORY )
BETWEEN: DAVID ALLAN FRITH
Plaintiff
AND:INTEGRATED FORREST PRODUCTS PTY LTD under external administration and/or controller appointed
ACN: 083 521 966
Defendant
ORDER
Judge: Master Harper
Date: 12 November
Place: Canberra
THE COURT ORDERS THAT:
judgment be entered for the plaintiff in the sum of $1,025,309.18.
the defendant pay the plaintiff’s costs.
the order as to costs not take effect for 14 days from the publication of these reasons.
On 31 October 2013 I handed down reasons for judgment, and ordered that the matter be stood over for further evidence and submissions as to some components of the appropriate award of damages, for the reason that I did not at that time have up-to-date figures for workers’ compensation payments. I have since been informed by the solicitors for the defendant, with the concurrence of the solicitors for the plaintiff, that to date the workers’ compensation insurer has paid medical expenses of $65,773.18, periodical payments after tax of $167,572.38 and tax on those payments of $10,736.00.
I am accordingly able to finalise the award of damages. In respect of the damages for loss of earning capacity for the future, I note that the plaintiff is almost 45. The 3% multipliers for a man of that age are 617 to age 60 and 759 to age 65. After making the conventional reduction of 15% for the vicissitudes of life, I arrive at a range of $350,000.00 to $430,000.00 depending on whether the plaintiff would have retired from the workforce at age 60 or age 65. I award $400,000.00 for loss of earning capacity for the future.
The components of the award of damages are as follows:
General Damages $120,000.00
- Interest on past component $8,000.00
Out-of-pocket expenses
- Past $65,773.18
- Future $20,000.00
Loss of earning capacity
- Past $189,000.00
- Interest on $21,500.00 not paid by insurer $5,800.00
- Future $400,000.00
Fox v Wood (tax on compensation) $10,736.00 Loss of superannuation benefits
- Past $17,000.00
- Future $36,000.00
Griffiths v Kerkemeyer
- Past $50,000.00
- Interest $18,000.00
- Future $85,000.00
_________________
$1,025,309.18
Upon consideration, that sum appears to me an appropriate amount to reflect the effect of the negligence of the defendant on the plaintiff. There will be judgment for the plaintiff for $1,025,309.18. This figure includes the workers’ compensation payments, for which the defendant is to have credit.
The defendant must pay the plaintiff’s costs. I shall make that order, not to take effect for 14 days in case either party wishes to make application for some other order as to costs. Such an application may be made informally, by email to my associate with a copy to the other side. In the absence of such an application the costs order will become effective.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Master Harper.
Associate:
Date: 12 November 2013
Counsel for the Plaintiff: Mr F J Purnell SC & Mr J R Sainty
Solicitors for the Plaintiff: Blumers Personal Injury Lawyers
Counsel for the Defendant: Mr A R Muller
Solicitors for the Defendant: Moray & Agnew
Date of judgment: 12 November 2013
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