Spasic v T R Savage & Son Pty Ltd [2005] NSWCA 53

New South Wales Court of Appeal

CITATION: Spasic v T R Savage & Son Pty Ltd [2005] NSWCA 53

HEARING DATE(S): 25 February 2005

JUDGMENT DATE: 25 February 2005

JUDGMENT OF: Handley JA at 1; Ipp JA at 28; Tobias JA at 29

DECISION: Appeal dismissed with costs.

CATCHWORDS: DAMAGES - no question of principle

LEGISLATION CITED: Workers Compensation Act 1987

Dragan Spasic (Appellant) PARTIES: T R Savage & Son Pty Ltd (Respondent)

FILE NUMBER(S): CA 40398/04

R Hanrahan (Appellant) COUNSEL: C Leahy (Respondent)

Athena Touriki (Appellant) SOLICITORS: Abbott Tout (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 3264/00

LOWER COURT JUDICIAL OFFICER: Andrews ADCJ

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40398/04

HANDLEY JA IPP JA TOBIAS JA

25 FEBRUARY 2005 DRAGAN SPASIC v T R SAVAGE & SON PTY LTD CATCHWORDS

DAMAGES – no question of principle FACTS

The employee sued his employer in the District Court for a back injury suffered in a fall at work and for additional injuries to his back during the six months after the accident due to the nature of his work. The District Court judge rejected the second claim and found that the plaintiff had not met the thresholds in s 151G(3) and s 151H(2A) of the Workers Compensation Act for the award of non-economic and economic loss. HELD: The judge's assessment of the plaintiff's non-economic loss within the 10 to 15 per cent range could not be disturbed. There was no reason for concluding that the District Court judge failed to properly direct himself in relation to assessing the foreseeable consequences of the tort and error had not been established. ORDERS Appeal dismissed with costs.