AEA Constructions Pty Ltd v Wharekawa;; AEA Constructions Pty Ltd v Building Partners Pty Ltd

AEA Constructions Pty Ltd appealed decisions of the primary judge concerning claims arising from a workplace injury. The primary judge had found AEA Constructions vicariously liable for the negligence of its employee, who caused injury to the respondent, Mr Wharekawa. The primary judge also found that the worker's employer, Building Partners Pty Ltd, was not negligent and therefore not liable to contribute to the damages awarded to Mr Wharekawa. AEA Constructions appealed these findings.

The appeal raised several legal issues. Firstly, the court was asked to determine whether the primary judge erred in finding that Building Partners Pty Ltd was not in breach of its duty of care to Mr Wharekawa, and consequently, whether AEA Constructions was entitled to contribution from Building Partners. Secondly, the court considered whether the primary judge erred in the assessment of non-economic loss by applying a 10% reduction to the percentage of the most extreme case to account for contingencies. Finally, the court examined whether the primary judge's assessment of past economic loss was supported by the evidence and whether the estimation of the worker's remaining working life and the application of a 20% buffer for vicissitudes adequately accounted for the fact that surgery necessitated by the negligence would have been required at some point in the future regardless of the incident.

The Court of Appeal dismissed the appeals. The judges found no error in the primary judge's determination that Building Partners Pty Ltd had not breached its duty of care. Furthermore, the court upheld the primary judge's assessment of damages, including the approach taken to non-economic loss and the consideration of future economic loss, finding that the evidence supported the conclusions reached.

Consequently, the appeals in both proceedings were dismissed with costs.