Zorom Enterprises Pty Ltd v Zabow

In *Zorom Enterprises Pty Ltd v Zabow*, the Court of Appeal of New South Wales considered an appeal concerning damages awarded to the respondent for injuries sustained in an incident involving a security guard employed by the appellant. The dispute centred on the assessment of damages, particularly the calculation of future economic loss and superannuation benefits, and whether the appellant, as the employer, was vicariously liable for the actions of its employee.

The primary legal issues before the court were whether the *Civil Liability Act 2002* (NSW) applied to exclude the employer's vicarious liability for an intentional tort committed by an employee, and how damages for future economic loss, specifically the loss of employer superannuation contributions, should be assessed. The court also considered the appellant's submission that a further discount should be applied to the calculated sum for future superannuation loss.

The court affirmed the trial judge's methodology for calculating the loss of future superannuation contributions. This involved determining the weekly loss of employer contributions based on the employee's ordinary time earnings and the statutory superannuation guarantee rate, applying a discount for vicissitudes, and then using 3% discount tables to ascertain the present value of these future losses over the employee's remaining working life. The court rejected the appellant's argument for an additional discounting step, holding that the conventional approach to calculating future losses, which does not necessitate sophisticated actuarial evidence, was appropriate and that the trial judge's method aligned with established principles.

The appeal was dismissed with costs.