Tabvena v Oag

The appeal in *Tabvena v Oag* concerned the apportionment of contributory negligence under section 151B(1)(b) of the *Workers' Compensation Act 1987* (NSW). The case was heard in the Court of Appeal of New South Wales by Meagher and Powell JJA and Mathews AJA.

The central legal issue before the Court of Appeal was whether the primary judge had erred in their assessment of the plaintiff's contributory negligence. Specifically, the court was required to determine if the apportionment of blame between the plaintiff and the defendant was appropriate in light of the evidence presented.

The Court of Appeal allowed the appeal, setting aside the judgment of the court below. In its place, the court entered a verdict for the plaintiff in the amount of $208,268.48. The costs order reflected a modification of the original apportionment, with the appellant to pay three-quarters of the respondent's costs of the appeal, and the respondent to pay one-quarter of the appellant's costs, with the respondent to receive a certificate from the Suitors Fund Act in respect of their portion of the costs.