Metaxoulis v McDonald’s Australia Ltd [2015] NSWCA 95

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Metaxoulis v McDonald's Australia Ltd [2015] NSWCA 95 Hearing dates: 1 April 2015 Decision date: 13 April 2015 Before: McColl JA at [1]; Basten JA at [2]; Macfarlan JA at [84] Decision: (1)Allow the appeal and set aside orders (1) and (2) made in the District Court on 16 April 2014.

(2)In place of those orders:

(a)give judgment for the plaintiff in an amount of $179,000, the judgment to take effect from 16 April 2014; (b)order that the defendant pay the plaintiff's costs of the proceedings in the District Court.

(3)Order that the respondent pay the appellant's costs in this Court. Catchwords: APPEAL – negligence – judgement for defendant at trial – whether appellant ran a new case on appeal – whether the pleadings encompassed the case put on appeal

DAMAGES – non-economic loss - whether the proportion of a most extreme case was manifestly inadequate – whether the trial judge made an error justifying the interference with the assessment

DAMAGES – economic loss – injury suffered by the appellant aggravated earlier condition in wrist – appellant's work pattern as chef was fluctuating due to the nature of the industry – the appellant returned to work three months after the injury – whether the trial judge erred in finding that the appellant suffered no past financial loss after that period – future economic loss – whether no diminution of earning capacity in the future but for the period when the appellant will undergo wrist operation – whether precise calculation possible