QLDQCA
Driver v Stewart & Anor [2001] QCA 444
[2001] QCA 444
Court of Appeal (Qld)|2001-10-19|Before: Williams JA, Jones and Douglas JJSeparate reasons for judgment of each, member of the Court, each concurring as to the orders made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2001-10-19
Before
Williams JA, Jones and Douglas JJSeparate reasons for judgment of each, member of the Court, each concurring as to the orders made
Catchwords
- DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT
- – MEASURE OF DAMAGES – PERSONAL INJURIES –
- LOSS OF EARNINGS
- AND EARNING CAPACITY – EXPENSE FLOWING FROM PLAINTIFF’S INABILITY TO
Source
Original judgment source is linked above.
Catchwords
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT– MEASURE OF DAMAGES – PERSONAL INJURIES –LOSS OF EARNINGSAND EARNING CAPACITY – EXPENSE FLOWING FROM PLAINTIFF’S INABILITY TOWORK – GENERALLY –RE-EMPLOYMENT OF WORKER – whether pasteconomic loss was calculated incorrectly given that no allowances were made forcontingencies– whether future economic loss was calculated incorrectlygiven that the learned trial judge limited the plaintiff’sretirement ageto 60 years of age. DAMAGES – MEASURE AND REMOTENESS OF DAMAGES INACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES –NON-PECUNIARY DAMAGE – PAIN AND SUFFERING – whether the amount ofdamages awarded was excessive or inappropriate giventhe degree of incapacityand discomfort caused to the plaintiff – whether the award for future aidand treatment (ergonomicallydesigned chair) was appropriate.Elford vFAI General Insurance Company Limited [1994] 1 Qd R 258McDonald v FAI