Addy v Superstar Gemini Limited [2000] NSWSC 1069

Addy v Superstar Gemini Limited [2000] NSWSC 1069

The plaintiff's accident caused persisting foot and ankle disability and rendered her incapable of returning to her pre-injury work, but the evidence did not establish that she was wholly unemployable. Allowing for exaggeration, partial causation of medication expenses, past and future impairment of earning capacity, non-economic loss, interest and out-of-pocket expenses, judgment was entered for the plaintiff for $96,380.95 with costs.

Jurisdiction
Australia
Judgment Date
16 November 2000
Procedural Posture
Civil Personal Injury Damages Proceeding in the Equity Division, Admiralty List / Judgment
Outcome
Judgment for the plaintiff in the sum of $96,380.95, with the defendant to pay the plaintiff's costs.
Legal Topics
['assessment of Damages' 'impairment of Earning Capacity' 'past Economic Loss' 'future Economic Loss' 'non Economic Loss' 'medical and Pharmaceutical Expenses' 'interest' 'costs']
['civil' 'personal Injury' 'damages' 'admiralty'] ['assessment of Damages' 'impairment of Earning Capacity' 'past Economic Loss' 'future Economic Loss' 'non Economic Loss' 'medical and Pharmaceutical Expenses' 'interest' 'costs']

Case Brief

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Procedural Posture

Civil Personal Injury Damages Proceeding in the Equity Division, Admiralty List / Judgment

Legal Issues

  1. 1 ['Assessment of damages for injuries sustained by the plaintiff on 24 February 1998.' 'Whether the plaintiff was incapable of returning to her pre-accident employment and how to assess past and future impairment of earning capacity.' 'What allowances should be made for out-of-pocket expenses, medication, interest, future economic loss, possible future surgery and non-economic loss.']

Ratio Decidendi

The plaintiff's accident caused persisting foot and ankle disability and rendered her incapable of returning to her pre-injury work, but the evidence did not establish that she was wholly unemployable. Allowing for exaggeration, partial causation of medication expenses, past and future impairment of earning capacity, non-economic loss, interest and out-of-pocket expenses, judgment was entered for the plaintiff for $96,380.95 with costs.

Court Disposition

Judgment for the plaintiff in the sum of $96,380.95, with the defendant to pay the plaintiff's costs.

Orders

  • ['Judgment for the plaintiff in the sum of $96,380.95.' 'Liberty to either party to apply within seven days if any problem arises about the figures.' "The defendant is to pay the plaintiff's costs."]