[Civil Law A.’s appeal dismissed. Appeal against J.’s finding of contributory negligence and assessment of 30% liability; failure to award damages for Future Loss of Earnings, Loss of ability to carry out DIY, Loss of salary-2018 to 2023; quantum of damages for Loss of Earning Capacity too low
Held: Appellate Court does not interfere with judge’s findings of facts, unless judge is wrong in principle, having heard all the witnesses, has misapprehended the facts or is otherwise plainly wrong.
Contributory negligence: 2nd R. conducted safety briefings- warning to stay 3-5 from operating excavator; in standing 1 m. from operating excavator A. in dangerous position- careless. J.’s assessment of 30% liability not plainly wrong.
Loss of Future Earnings; in choosing to resign from R.’s employment, leaving Brunei to return to Indonesia, two years after returning to work on full salary performing ‘light duties’, A. chose ‘risk of unemployment’, which occurred: A. did not mitigate his loss. J entitled to dismiss his claim. Loss of ability to carry out DIY- J. entitled to find no evidence to support claim.
Loss of salary, overtime and benefits- September 2018-2023: J entitled to reject claim on basis of A’s choice to resign from R’s employment, leave Brunei and return to Indonesia with associated ‘risk of unemployment’.
Loss of Earning Capacity-quantum: J.’s award of B$40,000 was amount sought by A. at trial. J. not plainly wrong.
Costs: parties directed to file written submissions.]