Loss of earning capacity + statutory superannuation pension schemes

The High Court of Australia today published majority and dissenting reasons for judgment in the matter of Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22.

The majority – Bell, Gageler, Nettle, Gordon & Edelman JJ – held that Mr Latz (who was diagnosed with mesothelioma after his retirement and who by reason of his reduced life expectancy will receive a lesser sum under a statutory superannuation pension scheme) is entitled to recover the ‘lost years’ reduction as compensation (at [114]).

The same was held not apply to the loss of an ongoing age pension (at [115]).