Watson v Gippsland Community Health [2021] VCC 651

New Quantum Guidance from the Victorian County Court where the Plaintiff was injured in her role as a disability support worker.

El Dehaibi v Hanzoul Pty Ltd t/as Mr Fresh Punchbowl [2021] NSWDC 240

Consideration of damages for injuries sustained in a fall when there were pre-existing conditions contributing to overall impairment.

Damages for gratuitous services- a timely reminder of the law in Queensland

An overview of gratuitous care claims and Queensland how legislation has amended the common law rules.

Quantum InformationLuke Ingham-MyersJuly 6, 2021Gratuitous Care

Faruk v Sydney Airport [2021] NSWDC 206

Mr Faruk was injured in a slip and fall at the Sydney Airport. Following the accident, he described pain after sitting for a long time, the court agreed that he should be reimbursed for the cost of medication to deal with that pain.

NSW Quantum DecisionsLuke Ingham-MyersJuly 5, 2021Non-economic loss, Economic Loss

Salim v Canterbury-Bankstown Council [2021] NSWDC 169 | no award where damages haven't been particularised

The NSW District Court awarded damages for injuries sustained by a mother when an umbrella fell on her at a council pool while watching her children swim. The Court did not award past care despite supporting evidence , as the plaintiff had failed to particularise this in the Statement of Particulars. The Court did, however, allow future care as paid care, on evidence that her gratuitous carers were struggling to provide that care.

Walker v Top Hut Banoon Pastoral Co Pty Ltd [2021] NSWDC 147 | 13.56% superannuation | damages to follow evidence

The plaintiff in this matter had a poor earning history, pre-existing injuries and was still able to claim past and future economic loss based on her having found her calling. Along with economic loss, the judge awarded 13.56% for future super and emphasised the need for damages to follow the evidence led.

A glance at quantum for child abuse cases -where might Queensland be heading?

In this blog we considered where Queensland might be heading in terms of general damages assessments for matters concerning child abuse and child sexual abuse. We consider this in light of the awards for general damages made in other jurisdictions within the Commonwealth.

Manly Fast Ferry Pty Ltd v Wehbe [2021] NSWCA 67

The New South Wales Court of Appeal recently upheld a decision of the New South Wales District Court in which an award of commercial domestic assistance (or paid care) was allowed for care that had been performed gratuitously.

NSW Quantum DecisionsLuke Ingham-MyersApril 27, 2021Gratuitous Care, Paid Care

Dungan v Padash [2021] NSWCA 66

The New South Wales Court of Appeal recently made orders to reduce a damages assessment where the damages did not follow the findings of facts in that matter. Reduced past out-of-pocket expenses.

Seiffert v Chadwick and TAC [2021] QDC 8

The Queensland District Court recently considered the damages for a gentleman who was injured when the defendant drove up the rear of his stationary vehicle. The court looked at the effect of changes in employment (both before and after the injury) on the assessment of past and future economic loss assessments, as well as general damages, and special damages.

Kime v Vicinity Centres PM Pty Ltd & Anor [2021] NSWDC 113

The NSW District Court recently assessed the damages of a lady who slipped and fell on a “kinked wet weather mat” in a shopping centre. The court considered her non-economic loss (where the injury had affected her ability to interact with her grandchild) and future treatment expenses (where there was the likely need for a knee replacement surgery).

Allen v O’Donnell & Anor [2021] QSC 63

In the matter of Allen v O’Donnell & Anor [2021] QSC 63, the court entered into length consideration of the appropriate awards of damages after Mr Allen was injured in an MVA. The court gave considerable through to the appropriate ISV of each injury in order to assess the appropriate uplift to the dominant injury and the overall general damages.

Meechan v Savco Earth Moving Pty Ltd [2021] QDC 14

The Queensland District Court, early this year continued with a quantum assessment even in circumstances where liability was not made out. The Court entered into an assessment of General Damages and Economic Loss (and resultant Loss of Superannuation). Special Damages, ‘out of pocket’ expenses and Fox v Wood damages were agreed between the parties, and so were not considered.

Lawrence v Christian Brothers [2020] WADC 27

Quantum decision of the Western Australian District Court in a Historical Institutional Abuse matter. The Court considered assessments of General Damages (where there are no statutory provisions applicable), Economic Loss and Loss of Superannuation.