Libreri v Ironidol Pty Ltd & Ors (No 2)

[2007] NSWCA 198

NSW Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › General principles
3. › Future economic loss
4. › Superannuation
5. › Whether award for future economic loss inclusive of superannuation entitlements
6. › Separate calculation required
1. Torts
2. › Joint and several tortfeasors
3. › Contribution
4. › Liability in respect of same damage
5. › Proceedings commenced before Civil Liability Act 2002 (NSW)
6. › Third party joined after commencement
7. › Whether s 19(3) Civil Liability Act 2002 (NSW) applies to reduce damages against employer
8. › Civil Liability Act 2002 (NSW), s 19
9. › Workers Compensation Act 1987 (NSW), s 151Z(2)
1. Workers' Compensation
2. › Alternative rights against employer and third parties
3. › Interaction between Workers Compensation Act 1987 (NSW) and Civil Liability Act 2002 (NSW)
4. › Transitional provisions
5. › Civil Liability Act 2002 (NSW), Sch 1, cl 2(2)(a)
1. Statutes
2. › Transitional provisions
3. › Civil Liability Act 2002 (NSW)
4. › Schedule 1, cl 2(2)(a)
5. › Whether Part 2 applies to award of damages in proceedings commenced before commencement of Act
6. › Whether amendment joining new defendants constitutes new proceedings

Quick Take

Where proceedings against an employer were commenced before the commencement of the Civil Liability Act 2002 (NSW), s 19(3) of that Act does not apply to reduce the damages recoverable from the employer, even where other defendants joined after commencement are subject to Part 2 of the Act. The amendment of proceedings to join new defendants after commencement has no bearing on the damages recoverable against the original defendant. Awards for future economic loss should separately identify and calculate superannuation loss as an additional component.