Berkeley Challenge Pty Ltd v Howarth

The appeal in *Berkeley Challenge Pty Ltd v Howarth* concerned a dispute over damages awarded to the respondent, Mr Howarth, following an injury sustained in the course of his employment. The appellant, Berkeley Challenge Pty Ltd, sought to challenge the quantum of damages awarded by the primary judge, Sidis DCJ.

The central legal issues before the Court of Appeal were whether the award of damages for non-economic loss was excessive, whether the awards for past and future economic loss were excessive, and whether Mr Howarth was entitled to damages for future domestic care. The Court was also required to consider the apportionment of damages under section 151Z of the *Workers Compensation Act 1987*.

The Court of Appeal, in allowing the appeal in part, varied the original judgment. The reasoning of Tobias AJA formed the basis for the revised assessment of damages. Key to the variation was the application of a 25% allowance for vicissitudes in relation to future economic loss and the consideration of the impact of section 151Z(2) of the *Workers Compensation Act 1987*.

Consequently, the Court set aside the original judgment of $1,000,762.91 and directed the parties to calculate and lodge the revised damages within seven days, to be entered as judgment in favour of the respondent, effective from the date of the original judgment. Directions were also given regarding submissions on the costs of the appeal.