Jessica Irene Hulanicki Bhnf Helen Hulanicki v Clare Louise Walton (No 2)

The case before the court involved a dispute between Jessica Irene Hulanicki, as the beneficiary of the estate of Helen Hulanicki, and Clare Louise Walton. The matter centred around the calculation of damages awarded to the plaintiff, with a particular focus on compulsory deductions to Centrelink and Medicare, as well as the cost of fund management. The case was heard in the Supreme Court of New South Wales.

The central legal issues the court had to resolve were whether the damages should be adjusted to account for compulsory deductions made to Centrelink and Medicare and the appropriate method for calculating the cost of fund management. The court was required to interpret the slip rule and consider whether the plaintiff's actuary's evidence was the best basis for determining the management fees.

The court ruled that the judgment handed down on 7 March 2014 should be amended to reflect the compulsory deductions to Centrelink and Medicare, resulting in a new total of $3,946,775.98. The court further held that the cost of fund management should be compensated and awarded the plaintiff $1,307,172.00 for this purpose. The court applied the principles from Richards v Gray to determine the appropriate method for calculating the cost of fund management, finding that the plaintiff's actuary's evidence was the most suitable basis for the calculation. The parties were granted leave to re-list the matter to discuss any arguments related to costs.

In conclusion, the court amended the earlier judgment to account for compulsory deductions and awarded damages for the cost of fund management. The court granted the parties leave to re-list the matter for any argument in relation to costs.