Zreika v New South Wales

The appellant, Zreika, appealed to the Court of Appeal of New South Wales against a decision of Robison DCJ concerning damages awarded for personal injuries. The dispute centred on the assessment of both non-economic and economic loss suffered by the appellant.

The primary legal issues before the Court of Appeal were whether the assessment of the appellant's non-economic loss under section 16 of the *Civil Liability Act 2002* (NSW) was too low, specifically whether it met the threshold of at least 15 per cent of the most extreme case, and whether the award for future economic loss adequately accounted for a buffer.

The Court of Appeal found that the assessment of non-economic loss by the primary judge was inadequate. Applying the principles of section 16 of the *Civil Liability Act 2002* (NSW), the Court determined that the appellant's injuries warranted a higher assessment, representing a greater proportion of the most extreme case. Furthermore, the Court considered the appropriate application of section 13 of the *Civil Liability Act 2002* (NSW) regarding awards for future economic loss, concluding that a buffer for such loss should have been included.

Consequently, the appeal was upheld. The damages awarded to the appellant were increased by $40,000, and the respondent was ordered to pay the appellant's costs of both the appeal and the trial. The respondent was also granted a certificate under the *Suitor's Fund Act 1951* if otherwise entitled.