Quick Case Review: Hoveydai v Mak & Anor [2021] QSC 16

Today, we review a car accident claim which went to trial in February 2021.

The Plaintiff arrived in Australia from Iran as a teenager. She finished her senior year of High School in Brisbane in 1990 and started an engineering degree at Griffith University. She later changed to a dual 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 returned to study in medical science, but changed her focus to a degree in nursing and finished it in February 2008. She commenced employment with the Royal Brisbane Womens’ Hospital as a Registered Nurse but then reduced her hours as she felt that she needed to spend more time with her young teenage children.

On 21 February 2016, the plaintiff was travelling as passenger on the Gold Coast Highway heading towards the Gold Coast. The vehicle in front of her car came to a stop, and the vehicle the plaintiff was in also came to a halt without causing a car accident. Unfortunately, her car had been crashed into from behind by a speeding vehicle and there was no dispute of this occurrence because of the negligence by the other driver.

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. There was also 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 in excess of $1.6 million dollars

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Reference:

Hoveydai v Mak [2021] QSC 16

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