State of NSW v Coffey (No 3)

[2003] NSWCA 85

CITATION:	State of NSW v Coffey (No 3) [2003] NSWCA 85
HEARING DATE(S):	28/10/02
JUDGMENT DATE:	22 April 2003
JUDGMENT OF:	Meagher JA at 1; Ipp JA at 1
DECISION:	1. Appeal Allowed; 2. Judgment and verdict below set aside; 3. In lieu of verdict for the plaintiff in the amount of $449,478.00, verdict for the plaintiff in the amount of $459,947.00; 4. The appellant to pay the costs of the appeal, and of the trial.
CATCHWORDS:	District Court - psychologically injured worker - safe system of work - appeal allowed.
PARTIES :	State of New South Wales v William Coffey
FILE NUMBER(S):	CA 40957 of 2001
COUNSEL:	A: Mr Burbidge QC & Mr Wynyard R: Mr Toomey QC & Mr Walker
SOLICITORS:	A: Gillis Delaney Brown R: Denis M Anderson

LOWER COURTJURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	DC 2291 of 1999
LOWER COURT JUDICIAL OFFICER :	Hosking DCJ

CA 40957 of 2001

MEAGHER JA
IPP JA

Tuesday, 22 April 2003

STATE OF NEW SOUTH WALES v WILLIAM COFFEY

Judgment

1 THE COURT: On Monday, 25 November 2002 we made the following order, which we understood to be an order by consent:

iii. “In lieu of verdict for the plaintiff in the amount of $463,947.00, verdict for the plaintiff in the amount of $449,478.00;”

2 In fact the amount should be $459,947.00 .

3 The orders of the Court, therefore, will be:

i. Appeal allowed;

ii. Judgment and verdict below set aside;

iii. In lieu of verdict for the plaintiff in the amount of $449,478.00, verdict for the plaintiff in the amount of $459,947.00;

iv. The appellant to pay the costs of the appeal, and of the trial.

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Last Modified: 05/05/2003