Ward Enterprises Pty Limited v Ahern

The case of *Ward Enterprises Pty Limited v Ahern* concerned an appeal to the New South Wales Court of Appeal regarding a claim for damages arising from the death of an employee. The primary dispute involved the apportionment of liability between two parties, Ward Enterprises Pty Limited and TNT Management Pty Limited, for the plaintiff's loss.

The Court of Appeal was required to determine several key legal issues. These included whether the trial judge had erred in apportioning the damages between the two tortfeasors, the impact of the significant delay in bringing the action (19.5 years from the damage to judgment) on the calculation of interest, and the extent to which the plaintiff's return to the workforce and any financial benefit derived from the employee's death should be considered in assessing damages.

The Court found that the trial judge's apportionment of liability was incorrect and that a more equitable distribution was warranted given the respective contributions of each party to the loss suffered. The Court also considered the principles governing the award of interest under section 94 of the *Supreme Court Act 1970* (NSW) in cases of significant delay, and how to account for the plaintiff's subsequent re-employment and any financial gains resulting from the death.

Ultimately, the appeal was allowed in part. The original order for apportionment was set aside and replaced with an order that Ward Enterprises Pty Limited contribute 15% and TNT Management Pty Limited contribute 85% of the plaintiff's damages and costs. The appellant was ordered to pay the costs of the first respondent in full and was indemnified by the second respondent for one half of its costs of the appeal.