Australia and New Zealand Banking Group Ltd v Haq

Australia and New Zealand Banking Group Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a judgment of the District Court which found it liable for personal injuries sustained by Mr Haq (the respondent). The respondent was injured when he tripped on wires located under a desk. The primary judge had found the appellant liable in negligence.

The appeal raised several legal issues. Firstly, it was contended that the primary judge erred by failing to determine liability by reference to section 5B of the *Civil Liability Act 2002* (NSW). Secondly, the appellant argued that the primary judge erred in finding no contributory negligence on the part of the respondent. Finally, the appellant challenged the primary judge's assessment of damages, arguing that the awards for non-economic loss, past and future economic loss, past and future domestic assistance, and future medical expenses were excessive.

Regarding the application of the *Civil Liability Act*, the Court of Appeal noted that the parties had not referred to the Act at trial, nor had they contested any issues under its provisions. Consequently, the Court found no error in the primary judge’s failure to address issues not presented for determination. The Court also found no basis to overturn the primary judge's finding of no contributory negligence. However, the Court allowed the appeal in part concerning the quantum of damages, finding that the assessments for past economic loss, past and future domestic assistance, and future medical expenses were excessive.

The Court of Appeal allowed the appeal as to quantum in part, setting aside the District Court orders and entering judgment for the plaintiff in the amount of $582,000, with judgment to date from 15 April 2015. The appeal was otherwise dismissed, and the appellant was ordered to pay 75% of the respondent’s costs in the Court of Appeal.