Fuller v Avichem Pty Ltd t/as Adkins Building & Hardware

The appeal in *Fuller v Avichem Pty Ltd t/as Adkins Building & Hardware* concerned a plaintiff injured in the course of employment, who was completely incapacitated for work from the date of injury until the conclusion of the hearing. The primary dispute revolved around the plaintiff's residual earning capacity, specifically whether it was eight hours per week, and whether a discount for the vicissitudes of life greater than the usual 15 per cent was warranted. The Court of Appeal was also required to consider the admissibility and weight of expert opinion evidence from a clinical psychologist regarding the plaintiff's residual earning capacity, and whether that psychologist was sufficiently qualified to give such evidence.

The Court of Appeal allowed the appeal and set aside the monetary judgment entered in the District Court. The reasoning of the Court, though not fully detailed in the provided text, indicates a determination that the District Court erred in its assessment of the plaintiff's residual earning capacity and the application of the vicissitudes discount. The Court's decision to set aside the judgment and direct further submissions suggests that the expert evidence regarding the plaintiff's residual earning capacity was either not sufficiently qualified or was not given appropriate weight, and that the assessment of the plaintiff's future economic loss required further consideration.

Consequently, the Court directed the parties to attempt to agree on the form of the remaining orders within 14 days, and if agreement was reached, to submit draft Short Minutes of Order within seven days thereafter. Failing agreement, the Court provided a timetable for the parties to file written submissions regarding the appropriate remaining orders, with the appellant to file first, followed by the respondent's response and the appellant's reply.