MULTIPLEX CONSTRUCTIONS PTY LTD v ANGELIDIS PEBMONA PTY LTD v ANGELIDIS [1988] NSWCA 98

MULTIPLEX CONSTRUCTIONS PTY LTD v ANGELIDIS; PEBMONA PTY LTD v ANGELIDIS

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL Hope, SAMUELS and MAHONEY JJA 19 April 1988

[1988] NSWCA 98

Damages — quantum — industrial accident — appeal on award of interest — cross-appeal on ground of inadequacy — no question of principle — appeal and cross-appeal allowed and damages re-assessed.

ORDERS

(1) Appeal and cross-appeal allowed.

(2) Judgment of District Court other than as to costs set aside and in lieu thereof judgment for plaintiff in sum of $271,568.30, to date from 18 December 1986.

(3) No order as to costs of appeal.

(4) Defendants to pay nine-tenths of the plaintiff's costs of the cross-appeal.

Hope JA On 29 October 1982 the plaintiff, a labourer/jackhammer operator, was injured when he fell through a hole in the floor of a building in which he was working. In the proceedings which he brought in the District Court against his employers to recover damages in respect of his injuries, liability was admitted and the only issue was damages. On 18 December 1986 Godfrey-Smith DCJ gave judgment for the plaintiff in the sum of $146,986.75 made up as follows:-

Past wage loss 75,000.00 Interest thereon 21,700.00 General damages, future loss of earning capacity 80,000.00 and future medical and pharmaceutical expenses Interest in respect of pre-trial general damages 13,760.00 Fox v Wood award 4,612.95 Past medical expenses 5,260.96

$ 200,333.91 Less workers' compensation payments made 53,437.16 Judgment $146,896.75

Each of the defendants appealed and the plaintiff cross-appealed. Each of the notices of appeal of the defendants contained six grounds of which five related to the awards of interest or matters relating thereto, and one was that the damages were excessive. The cross-appeal of the plaintiff challenged the award of damages as inadequate and in particular challenged the award by reason of what was said to be either an absence of or inadequacy in the assessment of damages for future loss of earning capacity and liability for future medical and pharmaceutical expenses.