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.

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.

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.

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).