Kaplantzi v Pascoe

The New South Wales Court of Appeal considered an appeal in *Kaplantzi v Pascoe*. The dispute concerned the calculation of damages awarded to the respondent, who had suffered injuries in a motor accident. The primary judge had awarded a sum of $1,177,951.14, but the appellant sought to have this amount reduced.

The central legal issues before the Court of Appeal were the proper interpretation of "net weekly earnings" for the purposes of calculating damages under the *Motor Accidents Compensation Act 1999* (NSW), the application of indexation to the statutory limit on damages, and how these provisions applied to past earnings.

The Court of Appeal allowed the appeal, finding that the primary judge had erred in their calculation of damages. The Court clarified that "net weekly earnings" should be determined by deducting income tax from gross weekly earnings. Furthermore, the Court held that the statutory limit on damages, as indexed, should be applied to the total amount of damages awarded, including past earnings, rather than being applied only to future economic loss.

Consequently, the Court of Appeal substituted the sum of $1,177,951.14 for the verdict of the primary judge, effectively upholding the amount awarded. The respondent was also granted a certificate under the Suitors Fund Act, provided they met the eligibility criteria.