Howard v Aikman

Howard (the appellant) appealed and cross-appealed from a decision of Master Harper concerning damages for personal injury awarded to Aikman (the respondent). The dispute centred on the assessment of various components of the respondent's claim for lost earning capacity, including the impact of a six-month delay in entering the workforce, past loss of earning capacity, and the adequacy or excessiveness of the award for future loss of earning capacity. The appeal and cross-appeal were heard by Refshauge, Penfold and Katzmann JJ of the Supreme Court of the Australian Capital Territory.

The primary legal issues before the Court were whether the Master had erred in his assessment of the respondent's lost earning capacity. Specifically, the Court was required to determine if the Master's finding regarding the six-month delay in the respondent commencing employment was erroneous, and whether the figure awarded for past loss of earning capacity was incorrect. Furthermore, the Court had to consider whether the award for future loss of earning capacity was either inadequate or excessive.

The Court allowed the appeal, finding that the Master had erred in his assessment of the damages. Consequently, the cross-appeal was dismissed, and the judgment of Master Harper dated 6 March 2014 was set aside. The Court ordered that within 28 days, the parties were to bring in short minutes of order giving effect to the Court's reasons. The respondent was ordered to pay the appellant's costs, unless within 28 days either party notified the Court and the other party of their wish to make submissions regarding the costs order. The parties were granted liberty to apply on 5 days' notice.