CSR Limited v Clydesdale

CSR Limited appealed to the Court of Appeal of New South Wales against a judgment of the Supreme Court awarding damages to Mr. Clydesdale for injuries sustained in the course of his employment with CSR Limited. The primary dispute concerned the extent to which CSR Limited was liable for damages, particularly in relation to the causation of those damages and the appropriate assessment of certain heads of damage, including domestic assistance and future care.

The Court of Appeal was required to determine whether the primary judge had made an error of fact that vitiated the conclusion as to causation of damages, and if so, whether that error affected particular heads of damages. Specifically, the court considered whether the allowance for the "fair give and take of family life" was correctly applied in assessing the domestic assistance claim, and whether limitations imposed by section 151K of the *Workers Compensation Act 1987* (NSW) applied to the assessment of future care.

The Court of Appeal found that while the primary judge had made an error in relation to the assessment of certain damages, this error did not vitiate the overall finding of causation. However, the error did necessitate an adjustment to the quantum of damages awarded. The court applied principles relating to the assessment of damages for domestic assistance, acknowledging the need to exclude the ordinary incidents of family life, and considered the application of statutory limitations to future care needs.

The appeal was allowed in part, with the judgment in favour of Mr. Clydesdale being reduced to $972,740.70. CSR Limited was ordered to pay Mr. Clydesdale's costs of the appeal, with a certificate available under the Suitors' Fund Act if Mr. Clydesdale otherwise qualified.