Henry Walker Eltin Contracting Pty Ltd v Hrstic

Henry Walker Eltin Contracting Pty Ltd (the appellant) appealed a decision of the District Court of New South Wales that found it liable in negligence to Mr. Hrstic (the respondent) for the onset of his persistent tinnitus. The dispute concerned whether the appellant's conduct caused the respondent's injury and, if so, the appropriate compensation for non-economic loss.

The primary legal issues before the Court of Appeal were whether the District Court had erred in finding, on the balance of probabilities, that the appellant's negligence caused the respondent's tinnitus, and whether the compensation awarded for non-economic loss, assessed under section 151G of the *Workers Compensation Act 1987* (NSW), met the threshold of "a most extreme case."

The Court of Appeal considered the medical evidence presented, which indicated multiple potential causes for the respondent's tinnitus, and acknowledged that the medical evidence was not entirely conclusive. However, the court found that the District Court's finding of causation on the balance of probabilities was open to it, given the available evidence and the nature of the injury. Regarding non-economic loss, the court reviewed the assessment made by the District Court and concluded that it did not err in its application of the "most extreme case" threshold under section 151G of the *Workers Compensation Act 1987* (NSW).

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs.