ACN 096 712 337 Pty Ltd v Javor [2013] NSWCA 352

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: ACN 096 712 337 Pty Ltd v Javor [2013] NSWCA 352 Hearing dates: 8 August 2013 Decision date: 25 October 2013 Before: Meagher JA at [1]; Barrett JA at [43]; Ward JA at [44] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Rules 36.15, 36.16, 36.17 and 36.18, deals with setting aside and variation of judgments or orders. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DAMAGES - assessment of workplace injury damages - whether primary judge erred in failing to find that respondent had not taken all reasonable steps to mitigate his damages for lost earning capacity - whether primary judge erred in assessing respondent's pre-injury earning capacity - no question of principle Legislation Cited: Workers Compensation Act 1987, s 151L Workers Compensation Legislation Amendment Act 2012 (No 53), s 2, Sch 1.2 Workplace Injury Management and Workers Compensation Act 1998, ss 41, 48 Category: Principal judgment Parties: ACN 906 712 337 Pty Ltd (formerly known as Formtec Group Pty Ltd) (Appellant) Damir Javor (Respondent) Representation: Counsel: H J Halligan (Appellant) B Dooley SC, F Curran (Respondent) Solicitors: Hicksons Lawyers (Appellant) Carters Law Firm, Auburn (Respondent) File Number(s): 2012/328715 Decision under appeal Jurisdiction: 9101 Citation: Javor v ACN 096 712 337 Pty Ltd [2012] NSWDC 157 Date of Decision: 2012-09-29 00:00:00 Before: Levy DCJ File Number(s): 2012/104654