Following default judgment for negligence arising from a quad bike tour accident, the District Court assessed damages at $645,098.24 comprising general damages of $100,000, past economic loss and interest of $194,260.33, diminished perimeter of employment of $270,000 (after 10% discount for vicissitudes), past and future superannuation losses, past gratuitous services of $12,000 (reduced from $19,493.59 on account of s 12(2) CLA), and $15,000 for future medical treatment. The assessment turned on its own facts, with the court applying standard principles under the Civil Liability Act 2002 (WA) and drawing on comparable general damages awards from ACT and WA authorities for injuries of mild to moderate severity with ongoing partial incapacity for work.
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