Pugsley v Collins & Frank Whiddon Homes

District Court of NSW|2009-06-12|Before: Broken Hill P, Hunt CJ

This matter has been relisted in accordance with my directions at paragraph 81 of my judgment. There are some mathematical errors and a calculation oversight that needs to be corrected. I omitted to include the agreed O.P's in the total of damages against Mr Collins, a figure of $106,533. It also appears that the past weekly payments now total $111,496 and the superannuation component of that is $13,703. The Fox v Wood component therefore also needs altering to $25,053 making the total amount of damages to be awarded against FWH as being $249,201.00.

In that regard I make orders in accordance with the minutes of order handed up by Mr Austron on Monday last which have been signed and sealed by me.

There will be consequential variations to the amount awarded against Mr Collins to take into account of the O.P's and the above altered amounts. In addition Ms Fraser indicated that in my judgment I had not considered the issue of entitlement to and assessment of future O.P's which had in fact been claimed by Mr Pugsley in the sum of $40,000 as a global figure. Mr Pugsley is not currently having any active treatment and avoids using prescribed analgesia if he can. Dr Bodel felt he needed ongoing analgesic medication and exercise. Dr Conrad felt he needed conservative treatment and may need pain management and physiotherapy from time to time. Dr Ellis felt that continued medical supervision and conservative treatment by way of medication, consultations and intermittent physiotherapy would cost about $2000 per annum and was likely to continue.

Based on a figure of $30 per week I allow the Plaintiff the sum of $18,800.00 for future O.P's.

The verdict total against Mr Collins therefore comes to a figure of $720,156.00.

There will therefore be a judgment for the Plaintiff against Mr Collins in accordance with those calculations.

There will be a verdict and judgement for the plaintiff against Mr Collins in the sum of $602,417.00

There will therefor be a verdict and judgement for the cross claimant against the cross defendant in the sum of $150,604.00

Cross claimant to pay 25% of the plaintiff's costs assessed under the Workers Compensation Act 1987.

Cross defendant to pay the cross claimant's costs of the cross claim.

I grant leave to have the matter re-listed in order to correct any additional mathematical errors.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION: Pugsley v Collins & Frank Whiddon Homes [2009] NSWDC 174

Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCCA 99 Consolidated Broken Hill P/L - v - Edwards 2005 NSWCA 380 CASES CITED: Houston - v - Yore Contractors BC90203 270 Unrep., Hunt CJ at CL, 9/3/92 Jones - v- Dyldam Developments Pty Ltd 2007 NSWSC 754 JL Equipment Hire Pty Ltd - v- Registrar of the WCC of NSW 2008 70 NSWLR 704 Con-Stan Industries of Aust Pty Ltd - v- Norwich Winterther Insurance (Aust) Ltd (1986) 160CLR 226

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