Shoalhaven City Council v Humphries

Shoalhaven City Council appealed to the Court of Appeal of New South Wales against a judgment of Judge Levy SC awarding damages to Mr. Humphries for a workplace injury. The primary dispute concerned the assessment of damages, specifically whether the primary judge erred in evaluating the medical evidence and whether the awarded amounts for future medical expenses and domestic assistance were excessive. A further issue was whether the damages should have been reduced under section 151Z of the *Workers Compensation Act 1987* (NSW).

The Court of Appeal was required to determine whether the primary judge's assessment of damages for future medical expenses and domestic assistance was demonstrably wrong or excessive, given the medical evidence presented. Additionally, the Court had to consider the application of section 151Z of the *Workers Compensation Act 1987* (NSW) and whether it mandated a reduction in the awarded damages.

The Court allowed the appeal in part, setting aside the original judgment. It found that while the primary judge had erred in certain aspects of the damages assessment, the respondent was still entitled to substantial damages. The Court recalculated the judgment, ordering the appellant to pay the respondent $733,369.59 and 90 per cent of the respondent's costs of the appeal.