For the reasons that I have previously given, this head of damage is difficult to assess. Mr Greenslade has adopted a sick role. I do not accept that he has done so unconsciously, but I do accept that he has had residual symptoms of his C6 nerve compression injury. Having regard to the opinion of Dr Silbert, his neck was likely to become symptomatic in any event. In a case such as this, the assessment of damages for non-pecuniary loss is a matter of impression, the evidence not permitting any detailed findings of the extent to which the injuries in question have caused the plaintiff to experience pain, suffering and loss of enjoyment of life. My assessment is 75,000.
Section 10(3) of the Civil Liability Act applies. Amount A is $22,500 and Amount C is $65,500. As the allowance exceeds Amount C, it is not liable to be reduced.
[2]
In summary, my provisional assessment of damages is as follows.
[3]
I certify that the preceding paragraph(s) comprise the reasons for decision of the District Court of Western Australia.
Parties
Applicant/Plaintiff:
Cavalier
Respondent/Defendant:
Pope [1906] AC 428
Legislation Cited (3)
Liability Act 2002
Liability Act 1985
Tenancies Act 1987
Cases Cited (5)
GREENSLADE -v- HIEW [2020] WADC 120 (1 September 2020)