Workers Compensation Nominal Insurer v Gary Luke by his
tutor Matthew Charles Luke [2011] NSWCA 251
The Court of Appeal recently upheld a District Court judgment
allowing damages for fund management for an injured worker who sued
his employer for work injury damages.
The facts
On 21 December 2004, the worker fell several metres from a roof
while working as a roof tiler. He suffered spinal and skull
fractures, and a traumatic brain injury (bleeding and swelling). He
had 10 days of post traumatic amnesia (suggesting he suffered a
severe brain injury), and it was common ground that he could not
manage his own affairs.
Section 77 of the Civil Procedure Act provides that all
moneys recovered in proceedings on behalf of people who lack
capacity, or who are found by the court to be incapable of managing
their own affairs, must be paid into Court, and then paid out to a
trustee or manager. Fund management fees are charged by
institutional and professional trustees to
