Court of Appeal

Farnham v Pruden & Anor [2016] QCA 018 (15/6415) Margaret McMurdo P and Gotterson and Morrison JJA 12 February 2016

Full-text: QCA16-018.pdf


APPEAL AND NEW TRIAL APPEAL GENERAL PRINCIPLES EXCESSIVE OR INADEQUATE DAMAGES GENERAL PRINCIPLES PERSONAL INJURY OR DEATH CASES where the applicant was injured when a car collided with the rear of her vehicle and that collision pushed her car into the path of an oncoming car, which also collided with her vehicle where the applicant was employed as a community support worker where the applicant was travelling to the home of another person where she intended to carry out the duties of her employment where the applicant experienced a number of stressors in her life prior to sustaining her injuries as a result of the car incident where the central question at trial was whether the assessment of damages was to be made in accordance with the Civil Liability Act 2003 (Qld) or the common law where the learned trial judge held that the Civil Liability Act provisions did apply and assessed the damages in the total sum of $47,389.75 where the learned trial judge held that no damages for future economic loss, nor the loss of capacity to develop other careers, should be awarded whether an appeal is necessary to correct a substantial injustice whether there is a reasonable argument that there is an error to be corrected