Kallouf v Middis

The appeal in *Kallouf v Middis* concerned an assessment of damages for future economic loss. The appellant, Mr. Kallouf, had been awarded damages by the District Court of New South Wales for injuries sustained in a motor vehicle accident. The respondent, Mr. Middis, appealed this decision, primarily challenging the quantum of damages awarded for future economic loss.

The central legal issues before the Court of Appeal were whether the trial judge erred in finding that Mr. Kallouf had lost all wage-earning capacity and, consequently, whether the assumptions underpinning the award for future economic loss were sufficiently stated and supported by evidence. The court was required to consider the principles governing the assessment of future economic loss, including the onus on the plaintiff to prove such loss and the scope of appellate review of findings of fact.

The Court of Appeal found that the trial judge's conclusion that Mr. Kallouf had lost all wage-earning capacity was not sufficiently supported by the evidence. While acknowledging the limited evidence available regarding the availability of work for an injured worker with residual earning capacity, the court held that the finding of total loss of capacity was too broad. The court applied the principles that an award for future economic loss requires proof of actual or likely loss, and that assumptions made by the court must be clearly articulated and justified.

The appeal was allowed, the judgment of the District Court was set aside, and a new judgment was entered for the respondent for $635,535. The respondent was ordered to pay the costs of the appeal and was granted a certificate under the Suitor's Fund Act 1951, if qualified.