Kabic v Workers Compensation Nominal Insurer (No 4) [2018] NSWSC 330. Button J. 16.3.18.

Slip rule adjustments and damages order, after substantive judgment [2017] NSWSC 1281, Button J noting the parties each “represented by specialist counsel very experienced in this area of law”.

Mr Kabic was a construction form worker who had slipped on wet plywood at the Redfern RSL reconstruction site in 2011, injuring his neck and back, the form work sub-contractor held liable, but not the body hirer employer and the works contractor. Contributory negligence found at one third.

In the earlier judgment, Button J noted: “I respectfully repeat that I do not consider that expert evidence is required for the proposition that an adult human being standing on an item that is smooth and wet can fall, and that, as a matter of common sense, one can say that the slipperiness of that item caused that fall,” there in [339].

His Honour ascertained that his finding to future economic loss was based on the fact that form work yielded higher income than other occupation for the plaintiff, the fall prevented him from continuing in that work, there was other work the plaintiff could do, the plaintiff would not have been able to do form work beyond age 50, therefore no economic loss beyond 50 years old.

Ascertained damages: nel $40,000, past economic loss $280,069.95, past super $30,807.69, Fox v Wood $35,715.60, future economic loss $144,263.10, future super $15,263.10, past OPs $102,079.03, future treatment $30,055.18, sub total $678,253.65 less contrib $225,858.47, total $452,395.18.

Verdict, costs reserved.