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 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.
Read MoreThe 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.
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