Oliver v Roberts

Oliver (the appellant) appealed a decision of the District Court of New South Wales concerning the assessment of damages awarded to Roberts (the respondent) for future economic loss, specifically damages for future care. The primary dispute revolved around the adequacy of the trial judge's reasons for the award and whether it was appropriate to reduce the award for future care by a buffer for contingencies.

The appeal required the Court of Appeal to determine whether the trial judge erred in their assessment of damages for future economic loss, particularly concerning the calculation of a future economic loss buffer. Key questions included whether the trial judge provided adequate reasons for the basis of the future care award and whether it was permissible to reduce this award for contingencies, given the method of calculation employed.

The Court of Appeal found that the trial judge's reasons for the future care award were inadequate, noting that the basis for the award was unclear. Specifically, the court observed that an incorrect multiplier appeared to have been used in a "rough calculation" for the future economic loss buffer. This lack of clarity and the apparent error in calculation meant the court could not be satisfied that the award was properly assessed. The court also considered whether it was appropriate to reduce the award for future care for contingencies, a point that was intrinsically linked to the clarity and basis of the initial calculation.

The appeal was allowed in part.