Broumos v Henry Simon Automotive Pty Ltd and Ors (No.2)

In the matter of *Broumos v Henry Simon Automotive Pty Ltd and Ors (No.2)*, the applicant, Mr. Broumos, sought to recover damages for personal injuries sustained in a motor vehicle accident. The respondents were Henry Simon Automotive Pty Ltd and its insurer, CGU Insurance Limited. The dispute concerned the applicant's entitlement to damages, specifically in relation to the assessment of his future economic loss and the extent of his past and future gratuitous care needs.

The primary legal issues before the court were: (1) the appropriate method for calculating the applicant's future economic loss, considering his diminished earning capacity; (2) whether the applicant had established a need for gratuitous care services, and if so, the quantum of damages to be awarded for such care, both past and future; and (3) the application of the principles governing the assessment of damages for non-economic loss.

Judge Riley determined that the applicant's future economic loss should be assessed by reference to his pre-accident earning capacity and the impact of his injuries on his ability to earn in the future, applying a discount for contingencies. Regarding gratuitous care, the court found that the applicant had demonstrated a need for assistance with domestic tasks and personal care, and awarded damages accordingly, applying the principles established in cases such as *Griffiths v Kerkemeyer*. The court also considered the appropriate assessment of damages for pain and suffering, taking into account the severity of the applicant's injuries and their impact on his life.

The court ultimately made orders for the payment of damages to the applicant, the precise quantum of which was determined by the application of these legal principles to the evidence presented.