Tchen v Nominal Defendant

The appeal in *Tchen v Nominal Defendant* concerned an assessment of damages arising from a motor vehicle accident. The appellant, Mr. Tchen, sought to establish that his injury to his right knee was caused by the accident and that he had suffered a compensable loss of employment opportunities as a result. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the court were whether the primary judge had erred in finding that the appellant's right knee injury was not caused by the accident, and consequently, whether the appellant's claim for economic loss, including a lost opportunity for employment and a "buffer" for future economic loss, was compensable.

The Court of Appeal allowed the appeal, finding that the primary judge had made an error in assessing causation regarding the knee injury. The court determined that the appellant had established that the accident caused his right knee injury and that this injury led to a loss of opportunity for employment. Consequently, the court set aside the original judgment and entered judgment for the appellant in the sum of $72,588.24, ordering the respondent to pay the appellant's costs of the appeal.