Plackett, Phillip v Aardvark Security Services Pty Ltd

[1998] FCA 1113

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NI1757 of 1996

BETWEEN:	PHILLIP PLACKETT Applicant
AND:	AARDVARK SECURITY SERVICES PTY LIMITED Respondent

JUDGE:	WILCOX J
DATE:	28 AUGUST 1998
PLACE:	SYDNEY

EXTEMPORE REASONS FOR JUDGMENT

WILCOX J:  Because of concessions made during the hearing of this case, in the end there is only one issue for me to determine.  That is the quantum of compensation.  There was a difference between the parties as to how much was paid to Mr Plackett during the course of his employment.  This was resolved, with the benefit of an adjournment, when cheques paid to him were produced from his bank.  As a result of this, it is clear he received from Aardvark the sum of $9,044.75 over the period of his employment, about 12 weeks.  This comes to about $750 per week.

Mr Plackett was unemployed for 11 weeks; from the date of his termination on 24 May 1996 until he obtained other employment on 11 August 1996.  Apparently, he earned $648 per week in that other job.  It seems reasonable to allow Mr Plackett the income he lost during the 11 week period, that is to say, $8,200.  I think it is also reasonable to allow him some compensation for ongoing loss.  At the hearing before the Judicial Registrar, Mr Wallace, who appeared on Mr Plackett's behalf, pointed out he left the new job on 12 March 1997.  Mr Wallace conceded, I think correctly, that he could not claim an ongoing loss beyond that date.

The period of 11 August to 12 March 1997 was 30 weeks and the difference between the amount earned in the two jobs was almost exactly $100.  I think it is reasonable to add $3,000 to the $8,200 previously mentioned and award compensation in the sum of $11,200.  Accordingly, the order I make is that the order made by the Judicial Registrar be varied so as to substitute for the sum of $14,620 set out therein the sum of $11,200.  The applicant should recover the usual post judgment interest.  The effect of my order will be that the award will bear interest on a principal sum of $11,200 from 21 March 1997 at the amount specified in the rules of the Court.

Money was paid into Court by Aardvark in accordance with the usual procedure.  I direct that, within 14 days, the parties supply to the District Registrar information as to the amount of the taxation attributable to the recovered compensation and this sum be paid to the Deputy Commissioner of Taxation by the District Registrar.  The parties should also supply a computation of the post judgment interest applicable to the award.  The District Registrar should pay to the applicant the balance of the award and the computed interest and repay to Aardvark any excess money held.

I certify that this and the preceding  page are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox

Associate:

Dated:            28 August 1998

Counsel for the Applicant:	I Latham
Solicitor for the Applicant:	Taylor & Scott
Counsel for the Respondent:	R Lancaster
Solicitor for the Respondent:	John Byrnes & Associates
Date of Hearing:	12, 14 and 28 August 1998