Damages Assessment Summary Table
2021 and 2022

The table below provides a brief summary of the cases delivered in the 2021 and 2022 comparing the damages that were assessed by the District Court of Western Australia and the Supreme Court of Western Australia Court of Appeal.

Brief information about the plaintiff and their injury is provided, together with an overview of each of the head of damages assessed in each case.

District Court of Western Australia

Date Case name
and citation
Injury Cause Age
(at trial)
Occupation Damages
18.06.2021 ESSAIYD V SAINT [2021] WADC 61 Broken proximal phalanx of middle finger on right hand; and
tendon damage of right hand.
Workplace accident: the plaintiff’s hand became stuck between a fishing hopper and its lid when the lid unexpectedly closed as he was hosing it out. 43 (47) Fisherman Past loss of earnings: $15,638
Past loss of superannuation: $1,422
Interest on past loss of earnings and superannuation at 3% for 3 years: $1,535
Non-pecuniary loss and future loss of earning capacity: $5,000
Total: $23,595
02.07.2021

AVERY v PLAYER [2021] WADC 69

Appealed

Brachial plexopathy;
peripheral nerve injuries;
soft tissue injuries to the cervical and lumbar spine;
restricted mobility and loss of strength in the arms, hands and wrists;
pain and restricted mobility of the jaw, cervical spine, shoulders, elbows, back, left hip; a central disc bulge with radial fissure at L4/5;
headaches; and
psychological injury (depression, PTSD, anxiety).
Motor vehicle accident: T-boned as a result of the defendant driving through a stop sign. 50 (56) Physiotherapist Non-pecuniary loss: $131,400
Past loss of earning capacity: $350,000
Past loss of superannuation: Nil
Past medical expenses: $43,662
Past travel expenses: $9,387
Future loss of earning capacity: $150,000
Future loss of superannuation: Nil
Future medical expenses: $60,000
Future travel expenses: $3,000
Interest to date of judgment: $98,000

Total: $845,449

04.11.2021 DUGAN V PITCHER [2021] WADC 106

5% hearing loss in left ear with occasional tinnitus;

left shoulder pain;

left temporomandibular joint pain with secondary masticatory myalgia; and

left-sided temporal headaches of a migrainous nature.

Motor vehicle accident: T-boned as a result of the defendant contravening a red traffic light signal. 17 (22) The plaintiff was a child at the time of the crash. However, it was established that but-for the crash she would have enlisted in the army as a solider. Non-pecuniary loss: $68,180.00
Past loss of earning capacity: $16,640.00
Interest: $4,323.00
Past loss of superannuation: $1,416.00
Interest: $367.00
Future treatment expenses: $1,500.00
Special damages: $5,068.40
Interest: $507.00

Total: $98,001.40

22.04.2022 Sidhoum v Minister for Education [2022] WADC 35 Significant left eye injuries The Plaintiff and another student were throwing computer stands at each other and the other student snapped the stand in half and the point of the stand stabbed the Plaintiff in the eye Age 16 (24) The Plaintiff was a child at the time of the accident, and a student. General damages: $225,000
Future of loss of earning capacity: $200,000
Future medical expenses: $87,656.57
Past medical expenses: $13,401.35
Past loss of earning capacity: $11,608.21
Future psychotherapy sessions: $5,940.00
Past travel and parking expenses: $4,500
Future travelling and parking $4,500
Interest on past loss of earning capacity: $3,134.21
Interest on past travelling and parking expenses: $1,250.00
Past loss of superannuation: $1,028.90

Total: $558,019.24

Less 35% contributory negligence: $362,712.50

17.05.2022 DO CARMO V WISHAW [2022] WADC 42

Aggravation of cervical spine degeneration;

aggravation of thoracic spine degeneration;

aggravation of lumbar spine degeneration; and

cuts and abrasions and bruising.

Motor bike accident  47 (54)  Pipe fitter (FIFO) Past economic loss:  $0.00
Future economic loss: 0.00
Past medical treatment: $1,200.00
Future medical treatment: $0.00
Past travel: $1,000.00
Future travel: $0.00
Non-pecuniary loss – general damages: $0.00

Total:  $2,200.00

04.08.2022 MURRELL V BROSNA CONSTRUCTIONS PTY LTD (in liq) [2022] WADC 68

Non-displaced fractures of the left, third and fourth metatarsal bone (foot injury);

scalp laceration; and

a thoracic spine wedging at T11 (back injury).

Workplace accident:  formwork collapsed causing fall of 3.6 metres to ground. 31 (37) Concreter/form worker General damages: $60,500.00
Past loss of earnings: $144,419.00
Future loss of earning capacity: $272,283.00
Future loss of superannuation: $34,052.00
Special damages: $2,799.79
Future medical expenses: $7,000.00
Past travelling expenses: $1,500.00
Medical expenses, travel, vocational expenses: $19,001.00
Interest on past loss of earnings: $24,696.00

Total: $505,750.79 (excluding general damages) less 5% contributory negligence on $505,750.79 (as 5% was already deducted on general damages) $480,463.25 + $60,500.00 = $540,963.25  

21.10.2022

MURRELL V BROSNA CONSTRUCTIONS PTY LTD (in liq) [2022] WADC 68 (S)

 

 

Non-displaced fractures of the left, third and fourth metatarsal bone (foot injury);

scalp laceration; and

a thoracic spine wedging at T11 (back injury).

Workplace accident: formwork collapsed causing fall of 3.6 metres to ground 31 (37) Concreter/form worker New calculation of damages:
General damages: $60,500.00
Past loss of earnings: $144,419.00
Future loss of earning capacity $272,283.00
Future loss of superannuation: $34,052.00
Special damages: $2,799.79
Future medical expenses: $7,000.00
Past travelling expenses: $1,500.00
Medical expenses, travel, vocational expenses:
$19,001.00
Interest on past loss of earnings: $2,495.57
Fox v Wood component: $38,346.60
Interest on special damages and travel expenses:  $744.29

= $583,141.25
Excluding general damages: $522,641.25
Less 5% contributory negligence $522,641.25 - $26,132.06
Pls general damages $60,500.00

Total: $557,009.18

31.10.2022

MURRELL V BROSNA CONSTRUCTIONS PTY LTD (in liq) [2022] WADC 68 (S2)

 

 

Non-displaced fractures of the left, third and fourth metatarsal bone (foot injury);

scalp laceration; and

a thoracic spine wedging at T11 (back injury).

Workplace accident: formwork collapsed causing fall of 3.6 metres to ground 31 (37) Concreter/form worker New calculation of damages:
General damages: $60,500.00

Past loss of earnings: $144,419.00
Future loss of earning capacity: $272,283.00
Future loss of superannuation: $34,052.00
Special damages: $2,799.79

Future medical expenses: $7,000.00
Past travelling expenses: $1,500.00
Medical expenses, travel, vocational expenses: $19,001.00
Interest on past loss of earnings: $2,495.57
Fox v Wood component: $38,937.60
Interest on special damages and travel expenses:  $744.29

= $583,732.25
Excluding general damages: $523,732.25
Less 5% contributory negligence: $497,070.63
Pls general damages $60,500.00

Total: $557,570.63

Supreme Court of Western Australia

Date Case name
and citation
Injury Cause Age
(at trial)
Occupation Damages
9.12.2022 PLAYER v AVERY [2022] WASCA 147 (2)

Brachial plexopathy;
peripheral nerve injuries;
soft tissue injuries to the cervical and lumbar spine;
restricted mobility and loss of strength in the arms, hands and wrists;
pain and restricted mobility of the jaw, cervical spine, shoulders, elbows, back, left hip;
a central disc bulge with radial fissure at L4/5;
headaches; and
psychological injury (depression, PTSD, anxiety).

Motor vehicle accident: T-boned as a result of the defendant driving through a stop sign 50 (56) Physiotherapist Future loss of earning capacity: $76,000