Posts tagged Gratuitous Care
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.

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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.

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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.

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