South Western Sydney Local Health District v Sorbello [2017] NSWCA 201

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: South Western Sydney Local Health District v Sorbello [2017] NSWCA 201 Hearing dates: 6 June 2017 Decision date: 11 August 2017 Before: Macfarlan JA at [1]; Meagher JA at [2]; Simpson JA at [3] Decision: (1) Appeal dismissed;

(2) The appellant to pay the respondent's costs of the appeal. Catchwords: NEGLIGENCE – assessment of damages – non-economic loss – conflicting expert opinion evidence as to nature and extent of "pure mental harm" injury

NEGLIGENCE – assessment of damages – future economic loss – conflicting expert opinion evidence as to causation of reduced "earning capacity" – distinction between working capacity and earning capacity

NEGLIGENCE – assessment of damages – future economic loss – onus of establishing ability to exploit a residual working capacity Legislation Cited: Civil Liability Act 2002 (NSW), ss 13, 15, 16, 29, 30, 31, 32, 33 Cases Cited: Malec v J C Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 Mead v Kearney [2012] NSWCA 215 Nominal Defendant v Livaja [2011] NSWCA 121 State of NSW v Moss [2000] NSWCA 133 Texts Cited: Harold Luntz: Assessment of Damages for Personal Injury and Death, (4th ed 2002, Butterworths) Category: Principal judgment Parties: South Western Sydney Local Health District (Appellant) Rosemary Sorbello (Respondent) Representation: Counsel: M T McCulloch SC/S A Woods (Appellant) D Higgs SC/I McGillicuddy (Respondent)