State of New South Wales v Moss

The Court of Appeal of New South Wales considered an appeal by the State of New South Wales against a judgment awarded to the respondent, Mr Moss, for personal injuries sustained in a school laboratory accident. Mr Moss suffered burns in the incident, and the appeal concerned the assessment of damages.

The primary legal issues before the court were whether the trial judge's summing up to the jury regarding general damages was unbalanced, whether the award for general damages was excessive, and whether the evidence presented concerning Mr Moss's earning capacity was sufficient to support the damages awarded for impairment of earning capacity, which related to future economic loss. The court also considered the appropriateness of providing written submissions to the jury and the discounting for vicissitudes.

The court found that the trial judge's summing up was indeed unbalanced, leading to an excessive award for general damages. Furthermore, the evidence regarding Mr Moss's earning capacity was deemed incomplete, rendering the damages awarded for impairment of earning capacity unsustainable. The court allowed the appeal in part, directing the parties to submit short minutes of order reflecting the court's reasons. The appellant was ordered to pay the respondent's costs of the appeal.