Sahin v Victorian WorkCover Authority

The plaintiff, Sahin, sought to appeal against a decision of the Court of Appeal of the Supreme Court of Victoria, which had dismissed his appeal from a County Court decision. The nature of the dispute was the assessment of pecuniary loss damages following an industrial accident. The court was required to decide whether the judge had erred in the assessment of these damages, particularly regarding loss of earning capacity, and whether the judge should have awarded interest on past pecuniary loss damages from the date of the commencement of the proceeding until the date of judgment.

The court examined the judge's assessment of damages for loss of earning capacity, noting that the judge had correctly identified the applicable statutory provisions and principles. The court held that the judge's assessment was not erroneous, as it had been based on appropriate evidence and had correctly applied the statutory guidelines. Regarding the issue of interest on past pecuniary loss damages, the court concluded that the judge had correctly determined that interest should run from the date of the commencement of the proceeding until the date of judgment, in accordance with the Supreme Court Act 1986 and the Accident Compensation Act 1985.

The court found no error in the judge’s assessment of the pecuniary loss damages and upheld the decision of the Court of Appeal. The appeal was dismissed, and the orders of the Court of Appeal were affirmed. The court determined that there was no basis for allowing an appeal against the assessment of damages or the calculation of interest on those damages.