Olympic Airways SA v Constantinos Adamopolous

Olympic Airways SA (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The dispute concerned a claim for damages brought by Constantinos Adamopolous (the respondent) arising from injuries sustained by him while a passenger on a flight operated by Olympic Airways SA.

The primary legal issue before the Court of Appeal was whether the District Court had erred in its assessment of damages awarded to the respondent. Specifically, the court was required to consider whether the damages awarded for loss of earning capacity were excessive, and whether the District Court had correctly applied the principles of assessing such damages in the context of the evidence presented.

The Court of Appeal reviewed the evidence and the District Court's findings regarding the respondent's injuries and their impact on his future earning capacity. The court applied established principles for assessing damages for loss of earning capacity, which involve considering the plaintiff's pre-injury earning capacity, the impact of the injury on that capacity, and the likelihood of future employment and earnings. The court found that the District Court had made an error in its assessment, leading to an excessive award.

Consequently, the Court of Appeal allowed the appeal in part, reducing the amount of damages awarded to the respondent. The court varied the order of the District Court to reflect the corrected assessment of damages for loss of earning capacity.