South Western Sydney Local Health District v Sorbello

The New South Wales Court of Appeal considered an appeal by the South Western Sydney Local Health District against a judgment awarded to Mr Sorbello. The dispute concerned the assessment of damages for negligence, specifically relating to Mr Sorbello's claim for non-economic loss and future economic loss arising from a "pure mental harm" injury.

The Court was required to determine whether the primary judge erred in assessing the quantum of damages for non-economic loss, particularly in light of conflicting expert evidence regarding the nature and extent of Mr Sorbello's psychological injury. Furthermore, the Court had to consider whether the primary judge correctly assessed future economic loss, including the causation of any reduction in Mr Sorbello's earning capacity and the onus on Mr Sorbello to establish his ability to exploit any residual working capacity.

The Court of Appeal upheld the primary judge's findings, finding no error in the assessment of damages. The judges applied established principles of negligence and the assessment of damages, including the distinction between working capacity and earning capacity. They considered the expert evidence presented and concluded that the primary judge had properly weighed the conflicting opinions in reaching his decision. The Court affirmed that the onus rests on the plaintiff to prove their loss, including the ability to mitigate that loss by exploiting any residual earning capacity.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.