72 VR 481
Comensoli v WQA

Published 10 July 2024

Comensoli v WQA

Court of Appeal

Beach, Kennedy and Walker JJA

23/05/2024

[2024] VSCA 104

Damages — Tort — Personal injury — Matters to be considered in reduction of damages for personal injury — Commonwealth social security pensions and benefits — Disability support pension and Commonwealth Newstart allowance — Statutory preclusion period for adjustment of pension payments and benefits when lump sum compensation received — Whether pension and benefit payments received outside preclusion period to be taken into account in assessment of common law damages — Social Security Act 1991 (Cth), ss 17, 23, 1160, 1169, 1170, 1178, 1179

Read the judgment here.