Waste Recycling and Processing Services of New South Wales and ANOR. v Meafou

The case of Waste Recycling and Processing Services of New South Wales and Another v Meafou was heard in the Court of Appeal of New South Wales, with Beazley and Bryson JJA and Campbell J presiding. The dispute concerned damages awarded to the plaintiff, Meafou, for past economic loss, specifically loss of earning capacity and superannuation. The court also considered issues relating to costs, particularly in light of an offer of compromise and an amendment to the statement of claim that joined an additional defendant.

The primary legal issues before the Court of Appeal were the correct assessment of damages for loss of earning capacity and superannuation, and the appropriate orders for costs, including whether indemnity costs could be awarded against a party to whom an offer of compromise had not been made. The court was required to determine the onus on the plaintiff to establish loss of earning capacity and whether a period of unemployment up to trial automatically entitled a plaintiff to damages for total wage loss.

The court reasoned that a plaintiff must first establish a loss of earning capacity, and that a party who has experienced some loss of earning capacity but has not worked during a period up to trial is not automatically entitled to damages for total wage loss. The assessment of superannuation loss could be based on the amount of the employer's contribution. Regarding costs, the court held that no order for indemnity costs could be made against a party to whom an offer of compromise was not made. The court allowed the cross-appeal in part, confirming the judgment with damages assessed at $313,532.00 in favour of the plaintiff. The trial judge's cost orders against the first cross-respondent were set aside, with the first cross-respondent ordered to pay the cross-appellant's costs on an indemnity basis from 11 February 2002 to 19 March 2004. The second cross-respondent was also liable for these costs. The cross-respondents were ordered to pay the cross-appellant's costs of the appeal on an indemnity basis from 19 March 2004 until the date of judgment.