Parker v Wish Designs Pty Ltd

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Parker v Wish Designs Pty Ltd [2014] NSWCA 401

Hearing dates:

5/09/2014

Decision date:

24 November 2014

Before:

Emmett JA at [1];
Tobias AJA at [54]

Decision:

Appeal be dismissed with costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

DAMAGES - measure of damages in actions for tort - appellant suffered injury during the course of his employment and incurred a loss in working capacity - whether the trial judge erred in fixing the appellant's damages for past economic loss by reference to the mathematical difference between his earnings before and after his injury - whether the trial judge had proper regard to the appellant's loss of economic capacity or made a finding to that effect - whether the approach of the trial judge was consistent with the manner in which the appellant's claim was advanced - whether the trial judge made the findings necessary to support the appellant's case on appeal

Legislation Cited:

District Court Act 1973 (NSW), s 127
Supreme Court Act 1970 (NSW), ss 46A, 75A
Uniform Civil Procedure Rules 2005 (NSW), rr 15.12 - 15.14

Cases Cited:

Morvatjou v Moradkhani [2013] NSWCA 157

Category:

Principal judgment

Parties:

Bradley Parker (Appellant)
Wish Designs Pty Ltd (Respondent)

Representation:

Counsel:
R Sheldon SC with I Ryan (Appellant)
J Hatzistergos with S Lees (Respondent)
Solicitors:
Brydens Law Office (Appellant)
Stephen Lee Legal (Respondent)

File Number(s):

2013/374172

Publication restriction:

Nil

 Decision under appeal 

Jurisdiction:

9101

Date of Decision:

2013-11-14 00:00:00

Before:

Williams DCJ

File Number(s):

2013/20076

Judgment

1. EMMETT JA: The appellant, Mr Bradley Parker, has appealed from an assessment of damages for injuries sustained by him in the course of his employment by the respondent, Wish Designs Pty Ltd (Wish Designs). Mr Parker says that the damages awarded to him in the District Court are inadequate and that the reasons given for the assessment by the trial judge were affected by an error of principle. He also complains that the assessment of damages failed to accord with findings made by his Honour relevant to the error of principle. Pursuant to s 46A of the Supreme Court Act 1970 (NSW), the Court was constituted by two judges as the appeal relates solely to the amount of damages awarded.

Factual Background

1. Mr Parker worked as a cutter in the fashion industry for more than 20 years before he began employment with Wish Designs. On 30 November 2006, Mr Parker experienced symptoms at work that subsequently led to medical attention in early 2007. Mr Parker made no allegation of a specific incident that gave rise to an injury. Rather,…