Sutherland Shire Council v Major

Sutherland Shire Council (appellant) appealed to the Court of Appeal of New South Wales against orders made by the District Court in favour of Major (respondent), who had brought a claim for damages for personal injury. The appeal concerned the assessment of damages, specifically non-economic loss, past and future economic loss, and the need for paid domestic assistance.

The Court of Appeal was required to determine whether the primary judge had made a wholly erroneous estimate of the damages suffered by the respondent, particularly in relation to non-economic loss, and whether the evidence supported the primary judge's findings regarding the need for future paid domestic assistance. The court also considered the appropriate use of previous judicial decisions in assessing damages and the application of a "buffer" in calculating economic loss.

The Court of Appeal found that the primary judge had erred in their assessment of damages. Specifically, the court determined that the award for non-economic loss was demonstrably too high, applying the principles that earlier decisions are guides and not rigid rules, and that the assessment must be based on the evidence. The court also found that the evidence did not sufficiently establish the likelihood of a future need for paid domestic assistance. Consequently, the Court of Appeal allowed the appeal, setting aside the District Court's orders and entering a reduced verdict and judgment for the respondent. The court also made orders regarding the costs of the appeal.