Ghinis v Pizzaro

In *Ghinis v Pizzaro* [1995] NSWCA 171, the New South Wales Court of Appeal considered a dispute between the appellant, Ghinis, and the respondent, Pizzaro. The case concerned an appeal against a judgment of the District Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the District Court had erred in its assessment of damages awarded to the respondent. Specifically, the court had to determine if the damages awarded for loss of earning capacity were excessive or otherwise unsustainable on the evidence presented.

The Court of Appeal reviewed the evidence relating to the respondent's injuries and their impact on his future earning capacity. It applied established principles for assessing damages for loss of earning capacity, which require a realistic assessment of the plaintiff's pre-injury earning capacity and the extent to which that capacity has been diminished by the injury. The court considered whether the District Court had given sufficient weight to factors such as the respondent's age, skills, and the availability of alternative employment.

The Court of Appeal found that the District Court had made an error in its assessment of damages. The court varied the award of damages, reducing the amount awarded for loss of earning capacity to a figure it considered to be more appropriate and supported by the evidence.