Parker v Wish Designs Pty Ltd [2014] NSWCA 401

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Parker v Wish Designs Pty Ltd [2014] NSWCA 401 Hearing dates: 5/09/2014 Decision date: 24 November 2014 Before: Emmett JA at [1]; Tobias AJA at [54] Decision: Appeal be 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. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DAMAGES - measure of damages in actions for tort - appellant suffered injury during the course of his employment and incurred a loss in working capacity - whether the trial judge erred in fixing the appellant's damages for past economic loss by reference to the mathematical difference between his earnings before and after his injury - whether the trial judge had proper regard to the appellant's loss of economic capacity or made a finding to that effect - whether the approach of the trial judge was consistent with the manner in which the appellant's claim was advanced - whether the trial judge made the findings necessary to support the appellant's case on appeal Legislation Cited: District Court Act 1973 (NSW), s 127 Supreme Court Act 1970 (NSW), ss 46A, 75A Uniform Civil Procedure Rules 2005 (NSW), rr 15.12 - 15.14 Cases Cited: Morvatjou v Moradkhani [2013] NSWCA 157 Category: Principal judgment Parties: Bradley Parker (Appellant) Wish Designs Pty Ltd (Respondent) Representation: Counsel: R Sheldon SC with I Ryan (Appellant) J Hatzistergos with S Lees (Respondent) Solicitors: Brydens Law Office (Appellant) Stephen Lee Legal (Respondent) File Number(s): 2013/374172 Publication restriction: Nil Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-11-14 00:00:00 Before: Williams DCJ File Number(s): 2013/20076