Roads and Traffic Authority of New South Wales v Dimitrovski

The Roads and Traffic Authority of New South Wales (the Authority) appealed to the Court of Appeal of New South Wales against a decision of the District Court of New South Wales concerning damages awarded to Mr. Dimitrovski. The dispute arose from two separate work injuries sustained by Mr. Dimitrovski, which the Authority argued should have been assessed separately for the purpose of adjusting damages.

The primary legal issue before the Court of Appeal was whether the "slip rule" under the *Workers Compensation Act 1987* (NSW) required separate assessment of damages for each of Mr. Dimitrovski's two distinct work injuries, particularly in relation to future economic loss. The Authority contended that the District Court erred by not applying this separate assessment, which would have impacted the calculation of the final damages award.

The Court of Appeal, applying the principles of the "slip rule," determined that where a plaintiff suffers two distinct injuries, even if at the same workplace and from the same employer, the assessment of damages for each injury should be conducted separately. This approach is necessary to ensure that the adjustment of damages, particularly concerning future economic loss, accurately reflects the impact of each individual injury. The Court found that the District Court had failed to adequately distinguish between the two injuries in its assessment, leading to an incorrect calculation of damages.

Consequently, the appeal was dismissed, and the Authority was ordered to pay Mr. Dimitrovski's costs.