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