Calvary Hospital Auxiliary Inc v D'Amico

Calvary Hospital Auxiliary Inc appealed to the Supreme Court of the Australian Capital Territory, Court of Appeal, against a judgment of the Master in favour of the respondent, Ms D'Amico. The dispute concerned Ms D'Amico's claim for damages for personal injury sustained in the course of her employment with the appellant.

The Court of Appeal was required to determine whether the Master had erred in finding the appellant negligent and in assessing the quantum of damages awarded to Ms D'Amico. Specifically, the appeal raised issues concerning the appellant's duty of care to its employee, the adequacy of its response to a reported injury, its awareness of occupational health and safety obligations, and its failures in conducting risk assessments, implementing preventative measures, and providing a safe system of work. The assessment of damages, including interest on past economic loss and future economic loss, also formed a significant part of the appeal.

The Court of Appeal found that while the Master had correctly identified a breach of the appellant's duty of care, there was an error in the calculation of the damages awarded. The Court applied principles of negligence and employer's duty of care, considering the appellant's failure to adequately address Ms D'Amico's injury and its lack of awareness of its occupational health and safety obligations. The Court also reviewed the assessment of future economic loss, noting the difficulties in establishing the availability of suitable work for Ms D'Amico given her partial incapacitation.

The Court of Appeal ordered that the verdict and judgment of the Master be varied by reducing the awarded sum from $593,700 to $590,050. The appeal was otherwise dismissed, and the appellant was ordered to pay the respondent's costs.