Basha v Vocational Capacity Centre Pty Ltd

The appellant, Basha, appealed to the New South Wales Court of Appeal against a decision of the primary judge concerning damages awarded for personal injuries. The dispute arose from vocational assessment services provided by the respondent, Vocational Capacity Centre Pty Ltd, during which the appellant sustained an aggravation of pre-existing shoulder injuries. The respondent was aware of the appellant's recent shoulder surgery prior to conducting the assessment.

The Court of Appeal was required to determine whether the respondent breached its duty of care to the appellant by proceeding with the vocational assessment despite having notice of the appellant's recent shoulder surgery, and whether this breach caused the aggravation of the appellant's injuries. Further issues concerned the adequacy of the primary judge's assessment of damages, specifically regarding non-economic loss, past and future economic loss, and whether the statutory threshold for domestic assistance was satisfied under the *Civil Liability Act 2002* (NSW).

The Court allowed the appeal, finding that the primary judge had erred in assessing damages for non-economic and economic loss. The reasoning involved a review of the evidence concerning the severity of the appellant's non-economic loss and the assessment of past and future economic loss, as well as the application of section 15 of the *Civil Liability Act 2002* (NSW) to the claim for domestic assistance. The cross-appeal by the respondent was dismissed.

Consequently, the Court set aside the primary judge's awards for non-economic and economic loss and ordered that the parties file Short Minutes of Order within seven days, detailing the revised award to the appellant, including appropriate interest. The respondent was ordered to pay the appellant's costs of the appeal.