Parkview Constructions Pty Ltd v Abrahim (No. 2)

The New South Wales Court of Appeal considered an appeal and cross-appeals concerning damages awarded to Mr Abrahim, the plaintiff, against Parkview Constructions Pty Limited, Erect Safe Scaffolding (Australia) Pty Limited, and Blue Star Painting Solutions Pty Limited. The dispute arose from injuries sustained by Mr Abrahim during his employment, leading to claims for economic loss and other damages. The court was required to determine the apportionment of liability among the defendants and the correct calculation of damages, particularly in light of the employer's statutory liability under the *Workers Compensation Act 1987* (NSW).

The primary legal issues before the Court of Appeal included the proper application of section 151Z of the *Workers Compensation Act 1987* (NSW) to recalculate economic loss damages following a finding of liability against the employer, and the extent to which the employer's liability impacted the apportionment of damages between the defendants. Additionally, the court addressed the recovery of costs within the workers compensation regime, specifically whether a successful plaintiff could recover costs from an employer.

The Court of Appeal confirmed the general apportionment of liability among the defendants but amended certain orders to reflect a recalculation of damages. The court applied the principles established in *Fox v Wood* regarding the taxation of workers compensation benefits, requiring an adjustment to the damages awarded to account for tax paid on weekly compensation. The court also made specific orders regarding the payment of interest and costs between the parties, noting that the workers compensation regime generally prevents a successful plaintiff from recovering costs against an employer. The court ultimately set aside certain orders of the primary judge and substituted new orders reflecting the recalculated damages and apportionment of liability.