Jackson v Mazzafero

The appellant, Jackson, appealed to the Court of Appeal of New South Wales against the quantum of damages awarded by the primary judge in proceedings against the respondents, Mazzafero. The appellant challenged the assessment of damages for non-economic loss, past and future economic loss, future domestic assistance, and future out-of-pocket expenses. The appellant, a registered nurse, sustained a severely comminuted fracture of her left wrist in a fall on 3 December 2007, which led to a diagnosis of reflex sympathetic dystrophy.

The Court of Appeal was required to determine the principles applicable to a challenge to the assessment of non-economic loss, the adequacy of the reasons for findings regarding economic loss, the difficulties arising from a paucity of evidence concerning economic loss, and the adequacy of a buffer for future domestic assistance. The appeal also concerned the appropriate costs orders given the outcome of the appeal and the respondents' pre-trial offer of compromise.

Macfarlan and Hoeben JJA allowed the appeal, finding that the primary judge's assessment of damages was flawed. The Court determined that the primary judge's reasons for findings on economic loss were inadequate and that the difficulties in quantifying economic loss due to limited evidence should not prevent an appropriate award. The Court also considered the need for future treatment and domestic assistance.

Consequently, the Court of Appeal set aside the primary judge's judgment of $173,707 and entered judgment in favour of the appellant for $228,998.72. The costs orders made by the primary judge were also set aside, with the respondents ordered to pay the appellant's costs of the trial and the appeal.