FIRESTONE AUSTRALIA PTY LTD v IGIC [1990] NSWCA 62

FIRESTONE AUSTRALIA PTY LTD v IGIC SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE and MEAGHER JJA 30 August 1990, 11 October 1990 [1990] NSWCA 62

QUANTUM APPEAL — Damages awarded for injury to back suffered in consequence of unsafe system of work — no new question of principle necessary to be resolved — some errors in calculation conceded by respondent; some by appellant — corrections made.

Priestley JA This appeal was well prepared on both sides. One result was that senior counsel for the appellant did not pursue a number of grounds in an optimistically drawn notice of appeal; and senior counsel for the respondent agreed that one of the remaining grounds of appeal could not be opposed. The matters left to be decided by the court were reduced to a few which can be explained and decided quite shortly.

Before Enderby J, at first instance, the respondent Mr Igic, as plaintiff, claimed damages from the appellant Firestone Australia Pty Limited as defendant for an injury to his back suffered by him on 23 August 1977 while working for Firestone. The plaintiff alleged the injury was brought on by Firestone's unsafe system of work. At the trial before Enderby J in May 1988, Firestone admitted liability.

Enderby J assessed the plaintiff's damages as follows:

1. out of pocket expenses 22,019 2. past economic loss 107,856 3. interest on past economic loss, less workers 7,600 compensation payments 4. Fox v Wood component 7,388 5. future economic loss 213,394 6. general damages 75,000 7. interest on past general damages 29,680 463,037

Pursuant to s63 of the Workers Compensation Act an amount of $118,835 had to be deducted from the assessed figure of damages. Accordingly judgment was entered for $344,202.

The first issue left for decision by this court concerned item 2, past economic loss. In calculating this figure Enderby J divided the period from injury to trial in 1988, into three periods: 23 August 1977 to 31 August 1978, 1 September 1978 to 5 October 1979 and 5 October 1979 to trial.