Petchell v Du Pradal; Pia Du Pradal Pty Ltd v Petchell

[2015] QCA 132

Queensland Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Negligence
3. › Assessment of damages
4. › Economic loss
5. › Past and future loss of earning capacity
6. › Whether trial judge erred in assessment
1. Tort Law
2. › Negligence
3. › Assessment of damages
4. › Gratuitous care and assistance
5. › Whether trial judge erred in assessment of past and future care
6. › Civil Liability Act 2003 (Qld), ss 59, 60
1. Employment Law
2. › Rights of employer against third parties
3. › Injury to employee
4. › Per quod servitium amisit
5. › Measure of damages
6. › Whether cost of replacement labour less wages saved constitutes compensable loss
1. Practice and Procedure
2. › Pleading
3. › Failure to plead correct measure of damages
4. › Whether failure to amend pleading fatal where evidence led at trial on correct measure
5. › Uniform Civil Procedure Rules 1999 (Qld), rr 5(1), 150(1)(b), 155, 375(1)

Quick Take

Where an employer claims per quod servitium amisit, the measure of damages is the cost of substitute labour less the wages the employer is no longer required to pay the injured employee. If the cost of replacement labour is less than the wages saved, there is no compensable loss. Section 60 of the Civil Liability Act 2003 (Qld), prohibiting interest on damages for gratuitous services, applies only to injuries occurring after 1 July 2010.