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ARTICLE · 28 AUGUST 2026

Case Summary – Randwick City Council V Wunderwald [2026] NSWCA 116

The New South Wales Court of Appeal examined whether a $50,000 award for future economic loss to a minor injured in a café accident met the evidentiary requirements of the Civil Liability Act 2002. The decision clarifies the stringent standards courts must apply when assessing damages for children, particularly regarding assumptions about future earning capacity and the need for concrete evidence rather than mere possibilities.

AustraliaLitigation, Mediation & Arbitration

The New South Wales Court of Appeal’s decision in Randwick City Council v Wunderwald [2026] NSWCA 116 assists in understanding awards for future economic loss for minors arising as a consequence of an injury to which the Civil Liability Act 2002 (NSW) (the Act) applies.

Background

The plaintiff Lily, then six-and-a-half-years-old, suffered an injury in a café at Maroubra in January 2020. The café was occupied and operated by the defendant Randwick City Council.

Lily approached a table that was approximately her height, placed her hands on its edge and leaned against it. Due to the instability and weight of the table, it tipped and caused her to fall backwards. As it fell the tabletop struck her forehead resulting in a significant cut extending to the bone.

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