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Court of Appeal Wellington
12, 13 September; 9 December 1960
Gresson P., Cleary J., Henry J.
12, 13 September; 9 December 1960
Gresson P., Cleary J., Henry J.
Negligence — Contributory negligence — Workers' compensation payments (if any) to be deducted from gross damages and balance only reduced to extent required by finding of contributory negligence — Contributory Negligence Act 1947, s. 3 (1).
Practice — Pleading — Claim for special damages for loss of earnings where compensation payments received — Claim to be framed for gross loss of earnings less compensation payments — Workers' Compensation Act 1956, s. 124 (3).
Workers' compensation — Deduction of compensation payments from damages awarded — To be made before calculating reduction of damages in respect of contributory negligence — Workers' Compensation Act 1956, s. 124 (3).