George has owned and operated a 24-hour gym for the past three years which caters to members of all ages. His business has been steadily increasing as his clientele has spread by word of mouth how good his fitness classes and modern equipment are. In July 2019, George purchased a new state of the art ‘LeanMachine’ treadmill which he had seen at a trade show the previous month. He installed the machine, familiarised the staff with how it worked and made it available for clients to use.
The day after it was installed, Sam, one of the gym's clients, used the treadmill under instruction from a staff member. As he transitioned from a walk to a run the computer system failed and the speed became uncontrollable. The dangerous speed caused Sam to fall from the machine resulting in him sustaining a concussion, bruised ribs, and a badly broken ankle, for which he required surgery. As Sam was employed as a firefighter, he was unable to work for a period of six weeks and was unable to return to full duties for another eight weeks.
Following an investigation by George and his insurance company, it was discovered that there was a fault in the wiring system of the machine that George had been supplied. It was further found that it hadn’t been tested sufficiently in the factory before dispatch.
George and Sam both sued ‘LeanMachine’ for compensation and the matter was settled out of court in April 2020. The following amounts were received by George and Sam:
George
Lump-sum damages for potential loss of clientele $150,000
Compensation for loss of income whilst gym was closed for investigation $5,000
Reimbursement of legal fees $7,000
Interest on damages $4,000
Sam
A lump-sum payment for pain and suffering $100,000
Payment of ongoing medical costs & physiotherapy $20,000
Reimbursement of legal fees $6,000
Required
Advise both George and Sam of the taxation consequences of receiving the above amounts. You are not required to calculate tax positions.