Clarence Valley Council v Macpherson

In *Clarence Valley Council v Macpherson*, the Court of Appeal of New South Wales considered an appeal by Clarence Valley Council against a judgment entered in favour of Mr Macpherson. Mr Macpherson had suffered personal injury while working for the Council, which was his host employer, having been engaged through a labour hire company. The dispute concerned the Council's liability in negligence for Mr Macpherson's injuries and the assessment of damages.

The primary legal issues before the Court of Appeal were whether the Council owed Mr Macpherson a duty of care, whether that duty had been breached, and if so, how the damages should be apportioned between the parties. The Court was also required to review the assessment of damages, including non-economic loss, past and future economic loss, and past attendant care services.

The Court of Appeal found that the Council did owe Mr Macpherson a duty of care as a host employer. However, it varied the original judgment by reducing the awarded damages. This reduction was based on a reassessment of the apportionment of liability and the quantum of certain heads of damage. The Court allowed the appeal in part, setting aside the original verdict and judgment and substituting a reduced sum. The parties were ordered to bear their own costs of the appeal.