| JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA LOCATION : PERTH CITATION : DERHAM -v- INSURANCE COMMISSION OF WESTERN AUSTRALIA [2010] WADC 12 (S) CORAM : SCOTT DCJ HEARD : 25-28 MAY & 22 DECEMBER 2009 DELIVERED : 9 FEBRUARY 2010
SUPPLEMENTARY
DECISION : 10 MARCH 2009 FILE NO/S : CIV 329 of 2007 BETWEEN : MICHAEL JOHN DERHAM Plaintiff
AND
INSURANCE COMMISSION OF WESTERN AUSTRALIA
Defendant
Catchwords: Supplementary reasons - Agreement reached by parties on certain heads of damage Legislation: Nil
(Page 2)
Result: Plaintiff awarded $549,993.62 Representation: Counsel:
Plaintiff : Mr T Offer
Defendant : Ms B A Mangan
Solicitors:
Plaintiff : Stephen Browne Lawyers
Defendant : Lavan Legal
Case(s) referred to in judgment(s):
Nil
(Page 3)
1 SCOTT DCJ: On 9 February 2010 I published my reasons leaving it to the parties to confer with respect to two issues namely:
2 Counsel for the parties have reached agreement with respect to those figures and consent orders have been made. Insofar as the treatment expenses paid by the workers' compensation insurer referable to the tyre accident, are concerned, the figure agreed is $859.50 resulting in an award for past medical expenses ([330] – [333] of my reasons) in the sum of $66,229.11. 3 Actual earnings (including weekly payments) and workers' compensation payments have been calculated in accordance with the schedule attached. Workers' compensation payments, loss of earnings over and above weekly payments, loss of superannuation and interest to judgment are as follows: (a) workers' compensation payments including
Fox v Wood component $47,430.04 (b) loss of earnings over and above weekly payments $13,439.00 (c) loss of superannuation $5,585.00 (d) interest at 6 per cent per annum on the loss of
earnings over and above weekly payments and
loss of superannuation for the periods specified
in the schedule to judgment $6,999.50 4 In the premises the damages awarded to the plaintiff total $549,993.62 calculated as follows: Non-pecuniary loss $32,550.00 Past economic loss including loss of
superannuation, workers' compensation payments
made and Fox v Wood component $66,456.04 Loss of earning capacity including
superannuation $332,658.00 (Page 4)
Special damages being past medical expenses,
vocational rehabilitation and travel $84,830.08 Future treatment and travelling expenses $26,500.00 Interest to judgment $6,999.50 Total $549,993.62 (Page 5)
Period | Expected Earnings | Actual Earnings (including weekly payments) | Loss of Earnings over and above weekly payments | Expected Superannuation | Actual Superannuation | Loss of Superannuation after discount of 15% on basis of Jongen v CSR | Interest at 6% per annum (to Judgment 8 March 2010) | 09.06.01 – 15.07.01 | 6 x $996.10 = $5,976.00 | $3,864.00 | $2,112.60 | 6 x $132.45 = $794.70 | Nil | $675.00 | $1,446.20 | 28.01.02 – 17.02.02 | $2,793.00 | $2,159.00 | $634.00 | $363.00 | Nil | $308.00 | $455.10 | 29.11.03 – 06.08.04 | $36,460.00 | $28,388.60 | $8,071.40 | $4,835.00 | Nil | $4,110.00 | $4,082.94 | 07.08.04 – 30.09.04 | 8 weeks at $1,100.00 = $8,800.00 | $6,179.00 | $2,621.00 | 8 weeks x $145.00 = $1,160.00 | $6,459.32 x 9% = $581.00 | $492.00 | $1,015.26 | TOTAL | $13,439.00 | $5,585.00 | $6,999.50 | (Page 6)
SCHEDULE (Cont'd) Workers Compensation Paid | Gross | Net | Tax (Fox v Wood) | 09.06.01 – 15.07.01 | $5,061.00 | $3,864.00 | $1,197.00 | 28.01.02 – 17.01.02 | $2,868.00 | $2,159.16 | $708.84 | 29.11.03 – 06.08.04 | $37,715.20 | $28,388.60 | $9,326.60 | 07.08.04 – 30.09.04 | $1,787.84 | $1,334.00 | $453.84 | TOTAL | $47,432.04 | $35,745.76 | $11,686.28 |
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