FIRESTONE AUSTRALIA PTY LTD v IGIC [1990] NSWCA 62

FIRESTONE AUSTRALIA PTY LTD v IGIC [1990] NSWCA 62

Where calculation errors or unsustainable factual assumptions are identified and conceded or shown by agreement, the award of damages must be reduced accordingly; documentary evidence wrongly excluded does not require retrial unless it would likely have materially affected the result. Established practice regarding interest rates and assessment method is binding unless and until changed by higher authority.

Parties
Appellant: Firestone Australia Pty Ltd; Respondent: Igic
Jurisdiction
Australia
Judgment Date
11 October 1990
Procedural Posture
Civil Appeal / Court of Appeal (quantum/damages)
Outcome
Appeal allowed in part; quantum judgment reduced
Legal Topics
Damages Assessment, Unsafe System of Work, Appeal on Quantum, Workers Compensation Deductions
Tort Law Personal Injury Damages Assessment Unsafe System of Work Appeal on Quantum Workers Compensation Deductions

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Parties

Firestone Australia Pty Ltd

Appellant

Igic

Respondent

Procedural Posture

Civil Appeal / Court of Appeal (quantum/damages)

Legal Issues

  1. 1 Whether the trial judge erred in calculating past and future economic loss
  2. 2 Whether certain wage record documents were wrongly rejected as evidence
  3. 3 Proper method of calculation for future economic loss and interest

Ratio Decidendi

Where calculation errors or unsustainable factual assumptions are identified and conceded or shown by agreement, the award of damages must be reduced accordingly; documentary evidence wrongly excluded does not require retrial unless it would likely have materially affected the result. Established practice regarding interest rates and assessment method is binding unless and until changed by higher authority.

Court Disposition

Appeal allowed in part; quantum judgment reduced

Orders

  • Appeal allowed
  • Judgment below set aside