Nominal Defendant v Livaja

The appeal concerned a judgment for damages awarded to the respondent, Mr Livaja, who was injured in a motor vehicle accident. The appellant, the Nominal Defendant, challenged the quantum of damages awarded by the trial judge, specifically the calculation of future loss of earning capacity. The trial judge initially delivered a judgment orally, but subsequently varied it after acknowledging a miscalculation in the assessment of future economic loss.

The primary legal issues before the court were whether the trial judge had awarded excessive damages not supported by the evidence, and whether the variation of the judgment was permissible under the Uniform Civil Procedure Rules. The appellant also raised the possibility of remittal, though this was approached with reluctance.

The court found that while the trial judge had indeed erred in quantifying future economic loss, these errors did not necessitate setting aside the judgment. The court considered the evidence regarding the respondent's earning capacity before and after the 2003 work injury and the 2006 motor vehicle accident, noting the complexities arising from the apportionment of disabilities between these two events. The court ultimately dismissed the appeal, ordering the appellant to pay the respondent's costs, subject to a process for any party seeking variation of that costs order.