An assessment of non-pecuniary loss at 8% of a most extreme case under s 3C of the Motor Vehicle (Third Party Insurance) Act 1943 (WA) is manifestly inadequate where the plaintiff has suffered significant shoulder pain and restricted movement for more than five years, undergone five surgical procedures and extensive treatment, and continues to experience pain and difficulty at work. In such circumstances, 20% of a most extreme case is appropriate. Fresh medical evidence identifying the pathology causing a plaintiff's symptoms may be admitted on appeal where it does not bear upon the field of uncertainty in which the trial judge made a prognostic estimate, particularly where both parties consent.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.