Cleere v Matic Service Pty Ltd

Cleere v Matic Service Pty Ltd concerned an appeal from a judgment of the District Court of New South Wales concerning a workplace injury. The appellant, Mr Cleere, had suffered injuries while working for the respondent, Matic Service Pty Ltd. The appeal focused on the assessment of damages awarded to Mr Cleere.

The primary legal issues before the Court of Appeal were whether Mr Cleere was guilty of contributory negligence in relation to his workplace injury, and if so, whether an apportionment of damages was appropriate. Further, the court was required to determine the correct assessment of damages for non-economic loss, considering the comparison with a "most extreme case," and the impact of Mr Cleere's efforts to mitigate his damages on the assessment of past economic loss. Finally, the court had to determine the appropriate weekly rate to reflect Mr Cleere's residual earning capacity for the purposes of future economic loss.

The Court of Appeal found that Mr Cleere was not guilty of contributory negligence. However, the court allowed the appeal in part, finding that the damages awarded for economic loss required re-assessment. The court indicated that short minutes detailing the specific orders for this re-assessment would be brought in.