Category: Damages – Personal Injury
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Exemplary damages: general principles and criminal penalty
Cheng v Farjudi [2016] NSWCA 316 Principles [49] Because, as her Honour observed, the usual rule is that exemplary damages are not awarded where a person has been subject to a criminal sanction, I have found it appropriate to re-visit the principles governing such an award than might otherwise be necessary, those principles being well established.…
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Domestic assistance, need, pets and hobbies
Teuma and Anor v C P and P K Judd Pty Ltd [2007] NSWCA 166 [48] Mr Harben relied on Geaghan v D’Aubert (2002) 36 MVR 542 where Stein JA (with whom Handley JA and Foster AJA agreed) held that Griffiths v Kerkemeyer (1977) 139 CLR 161 services did not include the provision of care to an injured person’s pets or a hobby: see at…
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Domestic assistance and emotional support: Nicholson v Nicholson
Per our discussion yesterday, the defendants rely on the case of: Wormleaton v Thomas & Coffey Ltd (No 4) [2015] NSWSC 260 to say that emotional support is not compensable. The decision is from Campbell J. The case involved an application for damages for negligence. The applicant suffered serious injuries in a workplace accident, including…
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Causation where a pre-existing condition is in play: Glen v Sullivan
Glen v Sullivan [2015] NSWCA 191 43 In Watts v Rake, the defendant contended that part of the plaintiff’s condition attrial was traceable to causes other than the accident and that even if there had been no accident he would have become prematurely incapacitated by reason of a pre-existing arthritic condition. Dixon CJ said that…
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Mead v Kerney: residual earning capacity
Mead v Kerney [2012] NSWCA 215 [18] Having determined what he described as the respondent’s “theoretical work capacity” (Judgment [219]), his Honour proceeded to determine whether the respondent could, as a practical matter, utilise that capacity to obtain work in the geographic area in which it was reasonable for him to seek work. This reflected…
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A $400,000 buffer for future economic loss: Allianz v Cervantes
See for example, Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244, where on 24 June 2006 the claimant was injured in a motor vehicle accident. Liability was admitted by the insurer. On 11 January 2011 Mr Goudkamp, Claims Assessor, issued a certificate assessing the claimant's damages at just over $570,000. The amount included $75,000…