Attard v Aberwood Pty Limited & Anor

The appellant, Attard, appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning damages awarded in an economic loss claim against the respondents, Aberwood Pty Limited and another. The dispute centred on the assessment of future economic loss.

The primary legal issue before the Court of Appeal was whether the primary judge had made an appealable error in adopting a global figure for future economic loss, particularly when alternative bases for assessment had been provided. The court was required to determine if this approach constituted a misapplication of legal principles or a failure to properly consider the evidence presented.

The Court of Appeal found that the primary judge had erred in adopting a global figure for future economic loss without adequately explaining how that figure was derived or how it related to the specific evidence and submissions before the court. The court held that while a global figure can be appropriate in certain circumstances, it must be supported by a clear and reasoned explanation that demonstrates its connection to the established heads of loss. In this instance, the lack of such reasoning led the court to conclude that the primary judge's assessment was not sustainable.

Consequently, the appeal was allowed. The orders of the primary judge were set aside, and judgment was entered for the appellant in the sum of $249,446, to take effect from 9 December 2003. The respondents were ordered to pay the appellant's costs of the appeal, with a certificate available under the Suitors Fund Act. The costs of the hearing below, including the arbitration, were to be borne by each party respectively.