Recent Cases

Manhattan Homes Pty Limited v Burnett [2024] NSWCA 219 (11 September 2024) (Leeming JA at [1]; Harrison CJ at CL at [7]; Price AJA at [114])


Catchwords:


ASSESSMENT OF DAMAGES – where plaintiff in the court below seriously injured in a fall on a building site – whether plaintiff contributed by his own negligence to his loss and damage or was merely inadvertent when performing work duties – whether plaintiff retained residual earning capacity – whether damages awarded for future economic loss, future domestic assistance and out-of-pocket expenses were manifestly excessive

TORTFEASORS – contribution between tortfeasors – whether trial judge erred in assessment of respective liability between occupier of building site and plaintiff’s employer

CROSS-APPEAL – damages for non-economic loss – whether trial judge erred in assessment of percentage of a most extreme case – whether plaintiff established that gratuitous attendant care services would not have been provided but for his injury