Amaca Pty Ltd v Hicks

Amaca Pty Ltd appealed to the New South Wales Court of Appeal against a decision of the trial judge concerning damages awarded to Mr Hicks. The dispute arose from a claim for damages for negligence, specifically relating to the assessment of damages for gratuitous care.

The Court of Appeal was required to determine several legal issues. These included whether the trial judge erred in admitting certain evidence, given that the reasons for admission were not recorded due to equipment malfunction and no supplementary evidence was provided by the appellant. The Court also considered the assessment of damages for gratuitous care, specifically whether the calculations were based on the judge's "experience" and whether the maximum amount awarded was consistent with section 15(5) of the *Civil Liability Act 2002* (NSW). Finally, the Court addressed the issue of costs, considering whether there were grounds to depart from the general rule that costs follow the event, particularly in light of a party's failure to utilise an opportunity to provide further written submissions.

The Court of Appeal rejected the grounds of appeal. Regarding the admission of evidence, the Court found no error of law, as the trial judge's discretionary judgment was exercised with reasons, even if not formally recorded. On the assessment of damages, the Court found the calculations to be permissible and consistent with the relevant legislative provisions. The challenge to the costs order was also unsuccessful, as the submission for an exception to the general rule was not based on a point of law and the appellant had failed to avail itself of the opportunity to provide further submissions.

The appeal was dismissed, and Amaca Pty Ltd was ordered to pay the costs of the appeal.