ACN 096 712 337 Pty Ltd v Javor

ACN 096 712 337 Pty Ltd appealed to the Court of Appeal of New South Wales against a judgment of the primary judge concerning the assessment of damages for workplace injury. The respondent, Mr Javor, had been awarded damages for his loss of earning capacity. The appellant contended that the primary judge had erred in failing to find that Mr Javor had not taken all reasonable steps to mitigate his damages and in assessing his pre-injury earning capacity.

The central legal issues before the Court of Appeal were whether the primary judge had made errors in relation to the assessment of Mr Javor's damages, specifically concerning his duty to mitigate his loss of earning capacity and the determination of his pre-injury earning capacity. The appeal did not raise any question of principle.

The Court of Appeal dismissed the appeal. The judges found no error in the primary judge's assessment of Mr Javor's earning capacity or in the conclusion that he had taken all reasonable steps to mitigate his damages. The appeal was therefore dismissed with costs.