Cecilia Si Chen v KMART AUSTRALIA LIMITED [2022] NSWDC 519

Cecilia Si Chen v KMART AUSTRALIA LIMITED [2022] NSWDC 519

The plaintiff, a child, suffered significant physical and psychological consequences—including facial scarring and associated adjustment difficulties—directly caused by the defendant's admitted negligence, justifying the award of damages for non-economic loss (at 25% of a most extreme case), a buffer for future economic loss, past out of pocket expenses, and a reasonable amount for future medical and psychological treatment.

Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Civil Personal Injury / Assessment of Damages After Admission of Liability
Outcome
Judgment for the plaintiff.
Legal Topics
['assessment of Damages' 'personal Injury to a Child' 'psychological Consequences of Injury' 'facial Scarring' 'future Economic Loss' 'non Economic Loss']
['tort Law' 'personal Injury'] ['assessment of Damages' 'personal Injury to a Child' 'psychological Consequences of Injury' 'facial Scarring' 'future Economic Loss' 'non Economic Loss']

Case Brief

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Procedural Posture

Civil Personal Injury / Assessment of Damages After Admission of Liability

Legal Issues

  1. 1 ['Assessment of non-economic loss for facial disfigurement to a child' 'Assessment of future economic loss due to scarring' 'Extent to which psychological injury and treatment are compensable' 'Appropriate quantification of future medical and psychological treatment costs']

Ratio Decidendi

The plaintiff, a child, suffered significant physical and psychological consequences—including facial scarring and associated adjustment difficulties—directly caused by the defendant's admitted negligence, justifying the award of damages for non-economic loss (at 25% of a most extreme case), a buffer for future economic loss, past out of pocket expenses, and a reasonable amount for future medical and psychological treatment.

Court Disposition

Judgment for the plaintiff.

Orders

  • ['Judgment for the plaintiff in the sum of $59,929.36.' "Defendant to pay the plaintiff's costs of the proceedings."]