Ballesteros v Chidlow

The plaintiff, Ballesteros, brought an action against Chidlow and another defendant following a car accident in which Ballesteros was a passenger. The dispute centred on the damages Ballesteros claimed due to the accident, including lost wages and accrued leave benefits. The matter was heard in the District Court of Queensland. The primary legal issues were whether Ballesteros' resignation from employment and the associated loss of accrued leave benefits were sufficiently caused by the accident to be recoverable damages, and if so, how these damages should be quantified.

The court considered whether Ballesteros' resignation could be seen as a direct consequence of the accident. It was determined that the resignation, resulting in the loss of accrued leave benefits, was a foreseeable and direct result of the accident. The court assessed the extent of Ballesteros’ injuries and the impact on his ability to work, concluding that the resignation was a natural and foreseeable consequence of the injuries sustained. The court then moved on to assess the quantum of damages. The Civil Liability Act 2003 required a calculation of the injury scale value (ISV) for Ballesteros’ multiple injuries, with a 25 per cent uplift applied for the most dominant injury.

The court found that the plaintiff was entitled to recover damages for lost wages and accrued leave benefits, which amounted to $99,891. The court also ordered that the second defendant pay the plaintiff's costs of and incidental to the action, to be assessed on the standard basis on the District Court Scale applicable to matters in which the sum recovered exceeds $50,000. The court certified that the Registrar may allow a higher amount for Item 27 costs if considered proper in the circumstances.