G AND N ROSSO CONSTRUCTIONS PTY LTD v CRNJAC [1994] NSWCA 102

G AND N ROSSO CONSTRUCTIONS PTY LTD v CRNJAC SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, HANDLEY and SHELLER JJA 17-18 August 1994, 18 August 1994

[1994] NSWCA 102

NEGLIGENCE BY EMPLOYER — PAST AND FUTURE ECONOMIC LOSS — INTEREST ON DAMAGES FOR PAST ECONOMIC LOSS

NEGLIGENCE BY EMPLOYER — acceptance of worker's evidence in part — reasonable to discount past economic loss — future economic loss — calculation of interest on damages for past economic loss.

The respondent worker was injured while employed by the appellant when timber upon which he was walking gave way. He brought an action in negligence against the appellant. The appeal was limited to the amount of damages.

Held: APPEAL - (1) In view of an the evidence the trial judge did not err in accepting the worker's evidence in part and in making the factual findings which he did. (2) On the evidence, it was open to the trial judge to discount past economic loss for the possibility that the uninjured plaintiff would not have been working throughout the relevant period, and the discount of 20% was not unreasonable. (3) There should be no interference with the factual finding of the trial judge which led to the award of damages for future economic loss.

CROSS-APPEAL - (1) The submission that there was no reason to discount past economic loss fails. (2) Interest on damages for post economic loss should be calculated at half the applicable rate for the period during which the loss is accruing and at the full rate once the loss has accrued. (3) It is not appropriate that the respondent should have any costs on the cross-appeal.

ORDERS

1. Appeal dismissed with costs.

2. Cross appeal allowed.

3. Judgment below set aside for the purpose only of allowing additional interest to be incorporated in it.

4. Judgment in the amount of $109,471.02 to date from 17 September 1991.