"A half a million dollar payout to the parents of Scots College student Nathan Chaina after he died on a school camp has been dwarfed by the $8.3 million costs order made against the couple following an 11-year legal battle.
The crushing judgment is compounded by the revelation that the Chainas were offered $8.16 million to settle the case in 2010, which they rejected."
www.smh.com.au/national/nsw/nathan-chainas-family-ordered-to-pay-scots-college-8-million-in-legal-fees-20140731-zyuze.html
Eight millllon dollars.........
thats 8,000,000 dollars....
oh my heart goes out to them, GEe with hindsight they would be rich and could buy a new baby, maybe one who is more better looking than them!
Maybe purchase twins and take the pick of the litter.
Somehow the death of the boy is lost in all this. The parents were greedy for compensation and the school negligent in its care for him. Poor kid lost out big time in this sorry storey. If I were the other kids I would sue the parents for lack of love.
Good job. It's greedy people like these that make our laws and insurances convoluted, mindless and restrictive.
That's at least the second kid that I know of to die at a scots camp. What the hell do they do at their camps???
Select to expand quotejn1 said...
Good job. It's greedy people like these that make our laws and insurances convoluted, mindless and restrictive.
Right. Cos kids are worth so much more... at least $10 million.
Select to expand quoteKamikuza said..
Right. Cos kids are worth so much more... at least $10 million.
You're right K, seems to be the bigger the amount, the more it's fixed hey.
I see several people didn't get the sarcasm... no surprise there then.
The point is, with these law suits it's less about the money and more about punishing the other party and putting others on their toes to avoid repeats, than putting a price on someone's life.
Derp, y'all.
Select to expand quoteKamikuza said..
I see several people didn't get the sarcasm... no surprise there then.
The point is, with these law suits it's less about the money and more about punishing the other party and putting others on their toes to avoid repeats, than putting a price on someone's life.
Derp, y'all.
I don't know. In this case, it seems that the parents figured it was an opportunity to make some money. The comments from the court case suggest that the judge thought the parents were not 100% truthful about the effect the loss of their son had on their lives. It also suggests that they were not truthful about this new cleaning product that was supposed to make them $300M.
If its about punishment, how much is enough? Ultimately there will be an insurance company somewhere that will be paying the majority of the damages, and this may mean that the school doesn't see much impact. Did they find any negligence? Have procedures and policies been changed to reduce the chance of this happening again?
Oh for sure. They are plenty of greedy douche bags in the world... might well be the case here too.
How much is enough? Enough that entities will think twice before allowing **** to happen... case by case.
Seems the judge thought you *can* put a dollar value on the life of a child, and they over-reached 
There is something wrong with the law if they get lumbered with $8m of fees, justice should be about ethics and equity not have much money you can spend on a lawyer.
Select to expand quoteLittle Jon said..
There is something wrong with the law if they get lumbered with $8m of fees, justice should be about ethics and equity not have much money you can spend on a lawyer.
How about the fact that he lied in court about having two degrees that he didn't have? The reason the judge awarded so much of the costs against them is because the costs were incurred as a result of them rejecting a very reasonable offer to settle of $8m. The additional costs were their fault.
Select to expand quote a very reasonable offer to settle of $8m
We're not talking about smashed up in a car accident and spending some time in hospital... regardless of lies, a child is dead in an untimely manner. Interesting that isn't seen as the important issue...
Select to expand quoteKamikuza said..a very reasonable offer to settle of $8m
We're not talking about smashed up in a car accident and spending some time in hospital... regardless of lies, a child is dead in an untimely manner. Interesting that isn't seen as the important issue...
you're missing the point. the school admitted liability years ago- they never claimed the death wasn't their fault.
this wasn't parents seeking a finding that the school was to blame. the parents were chasing money for not being able to pursue business interests because of the son's death. it turns out those business interests were a pure fabrication.
it is a rule in civil procedure that if you keep pushing a matter to court & end up getting less than what was offered by the other side you get a costs penalty. the defendant in this case has done the right thing by making a more than reasonable offer- why should they incur extra costs from pointless litigation?
"More than reasonable" is the bit that sticks in the craw. I agree with you on the rest...
Select to expand quoteKamikuza said..
"More than reasonable" is the bit that sticks in the craw. I agree with you on the rest...
i still think you're looking at this the wrong way. the money offered is not in any way attempting to put a price on a human life; a life is not quantifiable. nobody was trying to claim loss of life was worth a specific amount.
the school wasn't saying "here's 8 mil, that's what we think your son is worth". the money was to compensate the parents' claim for money they lost because of the impact of their son's death on their business & earning capacity. it turns out that $8mil was far more than reasonable given that the court decided $500k was accurate
Select to expand quotedan berry said..
That's at least the second kid that I know of to die at a scots camp. What the hell do they do at their camps???
lots of soggy sao...
Select to expand quotedan berry said..
That's at least the second kid that I know of to die at a scots camp. What the hell do they do at their camps???
I went to Scots & one of my mates passed away there in 1990. Tragic accidents are tragic accidents.
Select to expand quotestamp said...Kamikuza said..
"More than reasonable" is the bit that sticks in the craw. I agree with you on the rest...
i still think you're looking at this the wrong way. the money offered is not in any way attempting to put a price on a human life; a life is not quantifiable. nobody was trying to claim loss of life was worth a specific amount.
the school wasn't saying "here's 8 mil, that's what we think your son is worth". the money was to compensate the parents' claim for money they lost because of the impact of their son's death on their business & earning capacity. it turns out that $8mil was far more than reasonable given that the court decided $500k was accurate
Does Australia not do "damages"?
Select to expand quotedan berry said..
I think we are talking about the same guy.
No - 2 students have drowned, first was in 1990 (we played in the same footy team) & then 1999
Select to expand quoteKamikuza said..stamp said...Kamikuza said..
"More than reasonable" is the bit that sticks in the craw. I agree with you on the rest...
i still think you're looking at this the wrong way. the money offered is not in any way attempting to put a price on a human life; a life is not quantifiable. nobody was trying to claim loss of life was worth a specific amount.
the school wasn't saying "here's 8 mil, that's what we think your son is worth". the money was to compensate the parents' claim for money they lost because of the impact of their son's death on their business & earning capacity. it turns out that $8mil was far more than reasonable given that the court decided $500k was accurate
Does Australia not do "damages"?
yes. but 'damages' is nothing more than monetary compensation for loss suffered because of a breach of tort or contract. the loss has to be calculable. loss of life is not compensable by damages. the court can't attempt to evaluate a life in dollar terms- only insurance companies are that cold...
Select to expand quoteKamikuza said..stamp said...Kamikuza said..
"More than reasonable" is the bit that sticks in the craw. I agree with you on the rest...
i still think you're looking at this the wrong way. the money offered is not in any way attempting to put a price on a human life; a life is not quantifiable. nobody was trying to claim loss of life was worth a specific amount.
the school wasn't saying "here's 8 mil, that's what we think your son is worth". the money was to compensate the parents' claim for money they lost because of the impact of their son's death on their business & earning capacity. it turns out that $8mil was far more than reasonable given that the court decided $500k was accurate
Does Australia not do "damages"?
I am definitely not a lawyer, but isn't that what damages are? Where you can show a loss, whether it is real or calculated/anticipated?
In this case, it appears that they were saying that the damages were $300 million, because that's what they would have made if they had released this product, which they couldn't because of grief. The judge seems to have suggested their grief did not affect their work for as long as they contended, and that the $300M was probably a stretch.
Punitive damages? Aren't they used when you can show that someone was intentionally negligent?
i think you mean exemplary damages, formula. and they are only awarded where there is a deliberate or intentional element to the wrong.
exemplary damages are not permitted in personal injuries cases in australia (including cases like this where someone has died) unlessthe injury was caused deliberately.
the whole point of damages is, as far as can be achieved with cash, to put you back in the position you would have been had the wrong not been committed.
"dan berry said.. I think we are talking about the same guy.
No - 2 students have drowned, first was in 1990 (we played in the same footy team) & then 1999"
Sorry, should have been clearer. The other one I was referring was CA. He was a year below me from memory.
Select to expand quoteKamikuza said..
I should have read the article more thoroughly... I blame this crqppy phone!
LOL, yes, always a good idea if you are going to promote a contrary view to the majority. 
