Hipworth v K & S Freighters Pty Ltd

K & S Freighters Pty Ltd sought special leave to appeal to the High Court of Australia from a decision concerning an award for personal injuries. The applicant argued that the appeal presented a suitable opportunity to reconsider the rule established in *Planet Fisheries*, as articulated by Priestley JA in *Moran v McMahon*. This reconsideration was deemed necessary due to recent developments in the administration of justice in Victoria regarding personal injury awards, which had made the rule more relevant and pressing.

The central legal issue before the High Court was whether the rule in *Planet Fisheries* should be reconsidered, particularly in light of changes in the administration of justice in Victoria. These changes included the limited contemporary experience of judges in jury verdicts, the legislative requirement for specific identification of damages for non-economic loss, and a significant increase in jury verdicts for non-economic loss following legislative intervention in common claims for pecuniary loss. The applicant sought to present evidence of a range of comparative jury verdicts to demonstrate that the verdict under appeal was consistent with current jury awards.

The applicant contended that the rule in *Planet Fisheries* should be reconsidered because the current appellate framework in Victoria, due to legislative changes, now allowed for more scrupulous examination of jury verdicts, especially regarding non-economic loss. The applicant wished to present evidence of a range of comparable jury verdicts to an appellate court to show that the verdict in question was within the accepted range. The High Court was therefore asked to consider whether the rule, which may have historically limited the use of such comparative material, should be re-evaluated in the context of these contemporary developments.