Oroz v Hansen Yuncken Pty Ltd & Anor

In the case of Oroz v Hansen Yuncken Pty Ltd & Anor, the plaintiff, Mr Oroz, sued the first and second defendants for personal injuries sustained in a workplace accident. The dispute involved the calculation of damages for various heads of loss, including additional holiday costs, future care, future loss of income, and home modifications. The case was heard in the Supreme Court of Victoria. The court was tasked with determining the appropriate investment rate to apply to the damages awarded for a fund management sum, the method of calculating damages for future care and future loss of income, and the award of damages for expenses incurred in modifying the plaintiff's home.

The court considered whether the investment rate applied to the fund management sum should reflect the actual rate of return achieved by the plaintiff, or whether a more conservative rate should be used. In deciding this, the court took into account the risk associated with the investment and the need for the award to be certain and quantifiable. The court also had to determine the appropriate method of calculating damages for future care and future loss of income, taking into account the plaintiff's age, life expectancy, and the likely progression of his injuries. Finally, the court had to decide whether the plaintiff was entitled to be compensated for expenses incurred in modifying his home to accommodate his injuries.

The court held that the investment rate to be applied to the fund management sum should reflect a conservative rate, considering the need for certainty and quantifiability in the award. The court also determined that the damages for future care and future loss of income should be calculated using a method that took into account the plaintiff's age, life expectancy, and the likely progression of his injuries. Finally, the court found that the plaintiff was entitled to be compensated for expenses incurred in modifying his home to accommodate his injuries. The court ordered the defendants to pay the plaintiff damages for personal injury, additional holiday costs, future care, future loss of income, and home modifications, as calculated by the court.