Alananzeh v Zgool Form Pty Ltd

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title:

Alananzeh v Zgool Form Pty Ltd

Citation: 

[2025] ACTCA 19

Hearing Date: 

11 March 2025

Decision Date: 

25 June 2025

Before:

McCallum CJ, Mossop and Loukas‑Karlsson JJ

Decision: 

See [89]

Catchwords: 

TORT – NEGLIGENCE – EXCESSIVE OR INADEQUATE DAMAGES – Appeal on basis that primary judge erred in the manner that she reduced damages for vicissitudes – primary judge reduced whole award of damages by 25 percent on account of vicissitudes rather than only reducing component of damages relating to future economic loss – reduction for vicissitudes cannot apply to a past loss – respondents conceded error – appeal allowed

TORT – NEGLIGENCE – EXCESSIVE OR INADEQUATE DAMAGES – Appeal on ground that primary judge erred when discounting buffer for future economic loss – buffer awarded on basis that appellant will obtain funds to retrain, and have money to live on while retraining, for a period of two years – where appellant had pre-existing asymptomatic medical condition – where primary judge dealt with possibility of appellant becoming symptomatic by increasing vicissitudes discount – no clear delineation between cases where appropriate to award a buffer and those where appropriate to conduct a numerical calculation – no error in basing buffer for future economic loss upon numerical considerations that informed calculation of past economic loss – no error in reducing buffer to take into account vicissitudes

TORT – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – Cross‑appeal by second respondent as to existence and scope of duty of care – where appellant a formwork worker, first respondent a formwork subcontractor employing the appellant, second respondent the formwork contractor and third respondent the default insurer – where primary judge found that second respondent assumed a duty of safety for its subcontractors pertaining to conditions of the site where those subcontractors were being directed to work – no error disclosed in primary judge’s reasoning process

Legislation Cited: 

Civil Law (Wrongs) Act 2002 (ACT), ss 43(1)(c), 45, 102

Scaffolding and Lifts Regulation 1950 (ACT), s 73

Workers Compensation Act 1951 (ACT), s 170

Cases Cited: 

Alananzeh v Zgool Form Pty Ltd [2024] ACTSC 16

Jones v Dunkel (1959) 101 CLR 298

Lawson v Flavel [2001] WASCA 272

Leighton Contractors Pty Ltd v Fox [2009] HCA 35; 240 CLR 1

Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

Sheldrick v State of New South Wales [2007] NSWCA 105

Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16

Sungravure Pty Ltd v Meani (1964) 110 CLR 24

Sydney Water Corporation v Abramovic [2007] NSWCA 248; Aust Torts Reports ¶81-913

Transfield Services (Australia) Pty Ltd v Wieland [2014] WASCA 41

Villasevil v Pickering [2001] WASCA 143; 24 WAR 167

Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485

Texts Cited:

H Luntz, Assessment of Damages for Personal Injury and Death (LexisNexis Butterworths, 4^th ed, 2002)

Parties: 

Ahmad Alananzeh ( Appellant)

Zgool Form Pty Ltd ( First Respondent)

Xmplar…