Qantas Airways Ltd v Lisica

Qantas Airways Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge awarding damages to Mr Lisica for personal injury. The dispute concerned the assessment of damages for a psychiatric disorder that had sequelae from a workplace injury, but was also partly caused by a marriage breakdown.

The central legal issue before the Court of Appeal was whether the primary judge had erred in failing to adequately assess the increased likelihood that Mr Lisica would have suffered pain and suffering, and economic loss, due to his psychiatric disorder even if the workplace injury had not occurred. This involved considering the impact of the marriage breakdown on his mental health and future prospects independently of the workplace injury.

The Court of Appeal found that the primary judge had made a material error in this regard. It held that the assessment of damages must account for the real probability that Mr Lisica might have suffered from a mental illness or condition, leading to pain and suffering and hindering his ability to improve his qualifications, irrespective of the workplace injury. This failure to evaluate the independent contribution of other factors to his condition warranted a re-assessment of the damages awarded.

The appeal was allowed with costs, and the respondent was granted a certificate under the Suitor's Fund Act, subject to any qualifications. The parties were directed to submit short minutes of order consistent with the Court's reasons.