RNJ SICAME (AUST) PTY LTD v MOSS [2001] NSWCA 213

RNJ SICAME (AUST) PTY LTD v MOSS [2001] NSWCA 213

No appealable error was shown in the District Court's assessment of past or future economic loss. The trial judge was entitled to consider the respondent's permanent back and leg disabilities, limited literacy, rural employment prospects, work ethic, unsuccessful attempts to return to work, and his 2000 plumbing...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 June 2001
Procedural Posture
Damages Appeal in Workplace Injury Negligence Proceedings / Appeal From District Court Assessment of Damages
Outcome
Appeal dismissed with costs.
Legal Topics
['workplace Injury' 'assessment of Damages' 'past Economic Loss' 'future Economic Loss' 'impairment of Earning Capacity' 'appeal From Damages Award']
['torts' 'personal Injury' 'damages' 'employment Injury'] ['workplace Injury' 'assessment of Damages' 'past Economic Loss' 'future Economic Loss' 'impairment of Earning Capacity' 'appeal From Damages Award']

Source-derived case record

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Procedural Posture

Damages Appeal in Workplace Injury Negligence Proceedings / Appeal From District Court Assessment of Damages

Legal Issues

  1. 1 ['Whether the trial judge erred in assessing damages for impairment of past earning capacity.' 'Whether the trial judge erred in assessing damages for impairment of future earning capacity.' "Whether the trial judge wrongly used the respondent's 2000 plumbing employment earnings as a benchmark for uninjured earning capacity." "Whether the trial judge ignored the respondent's retained earning capacity."]

Ratio Decidendi

No appealable error was shown in the District Court's assessment of past or future economic loss. The trial judge was entitled to consider the respondent's permanent back and leg disabilities, limited literacy, rural employment prospects, work ethic, unsuccessful attempts to return to work, and his 2000 plumbing employment as evidence of his uninjured earning capacity at trial. The judge did not ignore retained earning capacity and was not bound to start from the respondent's 1995 earnings of about $400 per week.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']