Walden v Black - [2007] NSWDC 98

CITATION: Walden v Black [2007] NSWDC 98

HEARING DATE(S): 26/03/07 - 30/03/07

JUDGMENT DATE:
2 May 2007

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: Verdict for the plaintiff in the sum of $1,305,306.

CATCHWORDS: Compensation to Relatives - loss of domestic services performed without payment - accelerated benefits - jointly occupied property

LEGISLATION CITED: Compensation to Relatives Act 1897
Motor Accidents Compensation Act 1999
Workers' Compensation Act 1987

CASES CITED: Henry v Perry [1964] VR 174
Henderson v Oswald [1965] WAR 54
Husher v Husher (1999) 197 CLR 138
Cape Distribution Ltd v O'Loughlin [2001] EWCA Civ 178
De Sales v Ingrilli (2002) 212 CLR 338
RTA v Jelfs (1999) NSWCA 179
Singer v Berghouse (1994) 181 CLR 201
Nguyen v Nguyen (1990) 169 CLR 245
Rowe v Scanlan (1969) 1 NSWR 43
Naum v Nominal Defendant (1974) 2 NSWLR 143
Tripodi v Leonello (1982) 31 SASR 9
Targett v Targett (2001) 9 Tas R 234
Gillett v Nominal Defendant (1976) 2 NSWLR 65
Budget Renta-a-Car Systems Pty Ltd v Van der Kemp (1984) 3 NSWLR 303
Wright v Johnston (1980) 23 SASR 198
Horton v Byrne (1956) 30 ALJR 583
Peipman v Turner (1960) [1961] NSWR 252

PARTIES: Edwin Peter Walden (Plaintiff)
Barry Gordon Black (Defendant)

FILE NUMBER(S): 5690 of 2006

COUNSEL: B. Gross QC with T. Boyd (Plaintiff)
K. Rewell SC with B. Smith (Defendant)

SOLICITORS: Andrew Warren & Associates, Bega (Plaintiff)
Curwood & Partners, Sydney (Defendant)

JUDGMENT

Nature of the proceedings

1 These proceedings are to assess the damages to which Edwin Peter Walden (“Peter”) is entitled under the provisions of the Compensation to Relatives Act, on behalf of himself and his son, Matthew Peter Walden (“Matthew”), following the death of their wife and mother (“Janet”) on 27 August 1999. The defendant has admitted liability for the compensation.

2 There is a dispute about the value that should be placed on the life of Janet to Peter and Matthew. There is also a dispute about the extent to which, if any, Peter and Matthew have received “accelerated benefits”, that is, benefits they received as a result of Janet’s death, which they would not otherwise have received.

Statutory requirements

3 The Act sets out no more than the general principles that govern these issues. The relevant parts are:

“3 An action to be maintainable against any person causing death through neglect despite the death of the person injured

(1) Whensoever the death of a person is caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death has been caused under such circumstances as amount in law to a serious indictable offence.

4 By…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Walden v Black

Details

AGLC: Walden v Black [2007] NSWDC 98
Case: [2007] NSWDC 98
Decision Date: 2 May 2007

CaseChat Overview and Summary

The case of Walden v Black was heard in the Supreme Court of New South Wales. The plaintiff, Mr Walden, sought compensation from the defendant, Mr Black, for the loss of domestic services provided by his late wife, which he claimed entitled him to accelerated benefits under the relevant legislation. The dispute arose from a tragic car accident that resulted in the death of Mr Walden's wife, who had been providing unpaid domestic services within the jointly occupied family home. The court was required to determine whether the plaintiff was entitled to claim compensation for these services and, if so, what amount was appropriate.

The primary legal issue before the court was whether the plaintiff was entitled to compensation for the loss of domestic services provided by his deceased wife under the relevant legislative framework. The court also had to consider whether the compensation should be assessed on an accelerated basis, which would have allowed for a more immediate payment. The court examined the relevant statutory provisions, case law, and the specific circumstances of the case to arrive at a decision.

The court found that the plaintiff was indeed entitled to compensation for the loss of domestic services provided by his late wife. It was held that the services were of a kind that could be compensated under the applicable legislation. The court further determined that the compensation should be assessed on an accelerated basis, allowing for an immediate payment. In assessing the amount of compensation, the court considered various factors, including the nature and extent of the services provided, the plaintiff's need for those services, and the economic value of the services. The court concluded that the appropriate amount of compensation was $1,305,306.

The court ordered that the defendant pay the plaintiff the sum of $1,305,306 as compensation for the loss of domestic services provided by his late wife. The payment was to be made on an accelerated basis, reflecting the immediate need for compensation due to the tragic circumstances of the case.

Orders

Orders of the court

Verdict for the plaintiff in the sum of $1,305,306.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Walden v Black [2007] NSWDC 98
HEARING DATE(S):	26/03/07 - 30/03/07
JUDGMENT DATE:	2 May 2007
JURISDICTION:	Civil
JUDGMENT OF:	Goldring DCJ
DECISION:	Verdict for the plaintiff in the sum of $1,305,306.
CATCHWORDS:	Compensation to Relatives - loss of domestic services performed without payment - accelerated benefits - jointly occupied property
LEGISLATION CITED:	Compensation to Relatives Act 1897 Motor Accidents Compensation Act 1999 Workers' Compensation Act 1987
CASES CITED:	Henry v Perry [1964] VR 174 Henderson v Oswald [1965] WAR 54 Husher v Husher (1999) 197 CLR 138 Cape Distribution Ltd v O'Loughlin [2001] EWCA Civ 178 De Sales v Ingrilli (2002) 212 CLR 338 RTA v Jelfs (1999) NSWCA 179 Singer v Berghouse (1994) 181 CLR 201 Nguyen v Nguyen (1990) 169 CLR 245 Rowe v Scanlan (1969) 1 NSWR 43 Naum v Nominal Defendant (1974) 2 NSWLR 143 Tripodi v Leonello (1982) 31 SASR 9 Targett v Targett (2001) 9 Tas R 234 Gillett v Nominal Defendant (1976) 2 NSWLR 65 Budget Renta-a-Car Systems Pty Ltd v Van der Kemp (1984) 3 NSWLR 303 Wright v Johnston (1980) 23 SASR 198 Horton v Byrne (1956) 30 ALJR 583 Peipman v Turner (1960) [1961] NSWR 252
PARTIES:	Edwin Peter Walden (Plaintiff) Barry Gordon Black (Defendant)
FILE NUMBER(S):	5690 of 2006
COUNSEL:	B. Gross QC with T. Boyd (Plaintiff) K. Rewell SC with B. Smith (Defendant)
SOLICITORS:	Andrew Warren & Associates, Bega (Plaintiff) Curwood & Partners, Sydney (Defendant)