Crossley v State of South Australia (No 2)

The matter of Crossley v State of South Australia (No 2) was before the court, involving a dispute over the measure and remoteness of damages in an action for personal injury. The plaintiff, Crossley, sought compensation for injuries sustained as a result of a motor vehicle accident involving a government-owned vehicle. The State of South Australia, as the defendant, contested the extent and nature of the damages claimed.

The court was required to determine the appropriate measure of damages for various heads, including pain and suffering, economic loss, domestic care, and special damages. Key issues included whether certain damages were too remote, the correct quantification of past and future economic losses, and the applicability of aggravated and exemplary damages. The court also needed to consider whether the plaintiff's injuries warranted the proposed compensation amounts.

The court examined the nature and extent of the plaintiff's injuries and the resulting impact on their life. It concluded that the proposed amounts for past and future pain and suffering, past and future economic loss, and domestic care were appropriate. The court further determined that aggravated and exemplary damages were warranted due to the circumstances of the accident and the defendant's conduct. The court found that the proposed compensation for special damages, future medical expenses, and future medication treatment required further assessment.

The court decided to award compensation for various heads of damage, including past pain and suffering, future pain and suffering, past economic loss, future economic loss, domestic care, and special damages. It also granted aggravated and exemplary damages. The court set aside specific amounts for these categories, pending further submissions on superannuation losses, special damages, interest, and costs.