Connair Pty Ltd v Frederiksen

Connair Pty Ltd (Connair) appealed to the High Court of Australia from a judgment of the Supreme Court of South Australia which had awarded damages to Mr Frederiksen for personal injuries sustained in an aircraft accident. The dispute concerned the extent of Connair's liability for the injuries suffered by Mr Frederiksen, who was a passenger on a flight operated by Connair.

The High Court was required to determine whether the trial judge had erred in assessing the damages awarded to Mr Frederiksen. Specifically, the appeal raised questions regarding the principles of assessing damages for pain and suffering, and the appropriate consideration of future economic loss in personal injury claims. The court also considered the application of the *Wrongs Act 1936* (SA) in relation to the assessment of damages.

The High Court, in a joint judgment, found that the trial judge had made an error in the assessment of damages. The court held that the damages awarded for pain and suffering were excessive, and that the trial judge had failed to adequately consider the impact of the injuries on Mr Frederiksen's earning capacity in the future. The court applied established principles for the assessment of damages, emphasising the need for a realistic and proportionate approach, and considering all relevant factors including the plaintiff's age, occupation, and the nature and severity of the injuries.

The High Court varied the order of the Supreme Court, reducing the amount of damages awarded to Mr Frederiksen.