Quick Case Review: Hoveydai v Mak AAI Limited [2021] QSC 16

The Plaintiff arrived in Australia from Iran as a teenager. She completed her senior year of High School in Brisbane in 1990 before commencing an engineering degree at Griffith University. This later changed to a double degree of engineering and information technology. As she had married and become pregnant with her first child in 1995 then second child in 1997, she was unable to complete her tertiary studies.

Whilst the children were young, the Plaintiff worked with her husband in his IT company, performing mainly a administrative role. She eventually returned to study in medical science then changed her focus to a degree in nursing which she completed in February 2008. She then commenced employment with the Royal Brisbane Womens’ Hospital as a Registered Nurse with 4 days a week at first, then reducing her hours as she felt that she needed to spend more time with her young teenage children.

General Damages

The Plaintiff’s injuries’ are as follows:-

  • cervical spine
  • lumbar spine
  • shoulders
  • psychological

His Honour assessed this totalling to $15,750.00.

Special Damages

In this scenario, the Plaintiff’s: past medical and rehabilitation expenses, past travel expenses, and, past pharmaceutical expenses totaled to $9,775.02 while there was an allowance for a further $3000.00 for future medical, pharmaceutical, and, travel expenses. These two figures alone add to be $12,775.02.

Other amounts include:

Gratuitous Care

Past: $52,500.00 and Future: $140,000.00;

Past economic loss at $275,000.00; $650,000.00 for future economic loss; and also the amount of $630,000.00 representing lost earning capacity.

The claim totals to a whopping $1, 602, 775.02, or in short, over 1.6 million dollars.

Reference:

https://www.queenslandjudgments.com.au/case/id/347406