Amaca P/L (under NSW administered winding up) v Latz, Anthony; Latz, Anthony v Amaca P/L (under NSW administered winding up) [2018] HCA 22

NEGLIGENCE; WORDS AND PHRASES
Judgment type: 
High Court of Australia
Judge(s): 
Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ
Parties: 

Amaca P/L (under NSW administered winding up) v Latz, Anthony; Latz, Anthony v Amaca P/L (under NSW administered winding up)

Judgment Date: 
13 June 2018
Catchwords: 

NEGLIGENCE – Personal injury – Damages – Assessment of present value of future loss – Where claimant diagnosed with terminal malignant mesothelioma post-retirement – Where claimant's life expectancy reduced – Where claimant receiving superannuation pension under Superannuation Act 1988 (SA) and age pension under Social Security Act 1991 (Cth) – Whether superannuation pension entitlement which would have been received during remainder of pre-illness life expectancy compensable loss – Whether age pension entitlement which would have been received during remainder of pre-illness life expectancy compensable loss – Whether reversionary pension payable under s 38(1)(a) of Superannuation Act to partner on claimant's death should be deducted from damages award.

WORDS AND PHRASES – "age pension", "capital asset", "compensable loss", "compensatory principle", "loss of earning capacity", "lost years", "net present value", "offsetting or collateral benefit", "pension", "pre-illness life expectancy", "reversionary pension", "superannuation pension".

Social Security Act 1991 (Cth), Pt 2.2.

Superannuation Act 1988 (SA), Pt 5.

Citation: 
[2018] HCA 22