SINGH v STERLANDS PTY LIMITED [1998] NSWCA 211

SINGH v STERLANDS PTY LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MEAGHER JA, POWELL JA and SHEPPARD AJA 9 October, 14 December 1998

[1998] NSWCA 211 FACTS

The appellant was the successful plaintiff below and appeals the inadequacy of the verdict.

HELD

By Meagher JA, Powell JA agreeing, Sheppard AJA agreeing in part: The trial judge's finding of 20% contributory negligence was not erroneous; the finding for future economic loss was open to the trial judge.

By Sheppard AJA:

This is not a case for the reduction of the appellant's damages because he failed to take reasonable care for his own safety. In the event that contributory negligence was made out the reduction of 20% made by the trial judge was too great, where a reduction of 5% would have been sufficient.

Meagher JA. This is an appeal by a plaintiff who succeeded in his case, based on both common law and statutory breaches of duty by his employer Sterlands Pty Limited, the present respondent. His case was heard by Newman J, who on 20 March 1997 found a verdict in his favour. The appeal is basically an appeal against the alleged inadequacy of the verdict.

His Honour found that the plaintiff's verdict was composed of the following factors:

Non-economic loss $88,598.00 Out of pockets $48,251.46 Past loss of earnings $45,000.00 Cost of future treatment $7,500.00 Future economic loss $113,934.00 Totalling $303,283.46

To this was added a Fox v Wood component of $329.57; and from the total was deducted $57,472.97 representing moneys paid to him under the Worker's Compensation Act; the total of those sums being reduced by a sum representing a 20% finding of contributory negligence. This leaves a final sum of $196,912.04, to which, of course, interest must be added.

I might add that there had previously been an arbitrator's award in his favour in the amount of $261,952.00.