Damages (Remedies)

Question 1

s 16 CLA

Answer 1

To recover damages for non-economic loss:

(1) must be at least 15% of the most extreme case
(2) maximum amount awarded is $350,000 for the most extreme case
(3) table (15%=1%)

Question 2

s17 CLA

Answer 2

s16(2) changes annually and the minister will publish it

Question 3

s 17A CLA

Answer 3

Tariffs imposed on damages | courts can refer to past judgements to compare

Question 4

s 17A CLA

Answer 4

Tariffs imposed on damages | courts can refer to past judgements to compare

Question 5

Sharman v Evans

Answer 5

Expenses of work (uniform, travel, licences) will be deducted from the damages awarded for future earning capacity.

When there are two available options for Medical expenses, the significantly cheaper one with similar benefits will be awarded.

Extra category of damages awarded for hospital outings.

“Lost years” –> personal expenses deducted for the years where the plaintiff will no longer be alive.

Question 6

Skelton v Colins

Answer 6

Unconscious plaintiff awarded very little damages for pain and suffering because they are not in any pain.

Question 7

Cullen v Trappel

Answer 7

Earning capacity is NOT just lost wages

Question 8

Atlas Tiles Ltd v Briers

Answer 8

Lost earning capacity is NOT just lost wages at the time of the incident

Question 9

s15B CLA

Answer 9

Gratuitous care services

Must be provided for at least 6hrs a week over at least 6 months

Question 10

S14 CLA

Answer 10

5% prescribed discount rate

Taken off after the assessment of economic damages

Question 11

S13 CLA

Answer 11

Vicissitudes | court is to weigh up the most likely positive and negative happenings in the plaintiffs future life had the tort not occurred and discount a percentage representation of it.

Wynn –> average is a 15% discount

Question 12

Wynn

Answer 12

Average of 15% discount for vicissitudes (s 13 CLA)

Took maternity leave into account.

Called Childcare “essentially private or domestic in character” and therefore not relevant to assessing the realisation of earning capacity.

Pre-existing neck injury was assessed by considering how likely it was to affect her in future had the tort not been committed.

Question 13

s12 CLA

Answer 13

Damages for economic loss capped at 3x the average weekly income of NSW employees