Wainwright v Barrick Gold of Australia Ltd

In the case of Wainwright v Barrick Gold of Australia Ltd, the plaintiff sought damages for personal injury sustained as a result of the defendant's negligence. The dispute involved the assessment of past and future economic loss, specifically focusing on the plaintiff's earning capacity, and whether it was reasonable for the plaintiff to refuse work offered in a remote location. The case was heard in the Supreme Court of New South Wales.

The primary legal issues the court had to address were whether the plaintiff had acted reasonably in refusing the defendant's offer of employment in a remote location, despite the court's finding that the plaintiff had the capacity to perform the work, and the assessment of damages, particularly the extent of the plaintiff's past and future economic losses. The court also considered the nature of appellate review and the circumstances in which it would reassess damages itself.

The court found that the plaintiff had acted reasonably in refusing the remote work, considering the circumstances, and determined that the plaintiff's refusal was not unreasonable. Regarding the assessment of damages, the court held that the plaintiff's past economic loss should be assessed based on a finite period of total incapacitation. In assessing future economic loss, the court focused on the plaintiff's future earning prospects, taking into account the plaintiff's age, experience, and the availability of suitable employment. The court concluded that the plaintiff was entitled to damages for both past and future economic loss, and provided a detailed breakdown of the quantum of damages awarded.

The final orders of the court included the award of damages to the plaintiff for both past and future economic loss, as well as costs of the appeal. The court determined that the total amount of damages should be paid by the defendant, and ordered the defendant to pay the plaintiff's costs of the appeal. The decision of the lower court was upheld in part and set aside in part, with the matter being remitted to the lower court for reassessment of damages in accordance with the findings of the appellate court.