Cargill Australia Ltd v Agius

The dispute in *Cargill Australia Ltd v Agius* concerned the recovery of damages for gratuitous domestic assistance provided to an injured worker. The case came before the New South Wales Court of Appeal, with Handley and Giles JJA and Santow J presiding.

The central legal issue before the Court of Appeal was whether damages awarded for gratuitous domestic assistance constituted "economic loss" within the meaning of Division 3 of Part 5 of the *Workers Compensation Act 1987* (NSW). This division imposes a prohibition on damages for economic loss unless the worker has sustained a "serious injury" as defined by the Act.

The Court of Appeal reasoned that damages for gratuitous domestic assistance, while not strictly economic loss in the traditional sense, fell within the scope of the prohibition. The Court held that the legislative intent behind the scheme was to limit common law damages for economic loss, and that the provision for gratuitous assistance was intended to be captured by this limitation. Consequently, the Court upheld the appeal, setting aside the original verdict and judgment and entering a new judgment for the appellant.