Kabic v AAI Limited t/as GIO

The case of *Kabic v AAI Limited t/as GIO* concerned an appeal and cross-appeal from a decision of a primary judge. The appellant, a labourer, had suffered injuries after falling from a raised plywood platform that was wet. The respondent, GIO, was the insurer of the appellant's employer. The dispute centred on whether the primary judge had erred in finding the employer negligent and in assessing the appellant's damages.

The legal issues before the Court of Appeal were whether expert evidence was necessary to establish that the wet plywood surface was slippery, whether the primary judge had made errors in assessing the evidence and making factual findings, and whether the appellant had been contributorily negligent by following his employer's instructions to work on the wet platform. Additionally, the court was required to consider the assessment of damages for economic loss, specifically whether the evidence supported a finding of residual earning capacity, applying the principles established in *Malec v J C Hutton Pty Ltd*.

The Court of Appeal allowed the appeal in part and dismissed the cross-appeal. The court found that the primary judge had not erred in finding the surface slippery, nor in the assessment of the evidence and consequent factual findings. However, the court did find an error in the primary judge's assessment of damages, particularly concerning the appellant's residual earning capacity. The court set aside the original orders and directed the parties to provide short minutes of order for judgments to be entered consistently with the court's reasons, or to file proposed orders and submissions if agreement could not be reached. The respondent and cross-appellant were ordered to pay the costs of the appellant and cross-respondents of the appeal and cross-appeal.