Helen Owen v Johnny Musladin

The appeal concerned an assessment of damages for loss of earning capacity following a motor vehicle accident. The appellant, Helen Owen, appealed against an order of the Master of the Supreme Court of the Australian Capital Territory, which had assessed damages for the respondent, Johnny Musladin. Liability for the accident was not in dispute.

The central legal issues before the Court of Appeal were whether the Master had erred in her assessment of past and future economic loss, specifically concerning the respondent's diminished capacity to perform heavy work. This assessment was significantly influenced by the respondent's pre-accident work in the building industry, which involved heavy physical labour, and the impact of his injuries on his ability to continue in such work.

The Court of Appeal allowed the appeal, finding that the Master's approach to assessing damages for loss of earning capacity lacked sufficient analysis and reasoning. While acknowledging the respondent's injuries and their impact on his capacity for heavy work, the Court determined that the method used to quantify past and future economic loss was inadequate. The Court ordered a new trial limited solely to the assessment of past and future economic loss.