Davies v Grgic

Case

[2006] ACTSC 14


Details
AGLC Case Decision Date
Davies v Grgic [2006] ACTSC 14 [2006] ACTSC 14

CaseChat Overview and Summary

Jennifer Louise Davis commenced proceedings against Sophie Grgic seeking damages for injuries sustained in a motor vehicle accident. The defendant admitted liability, and the only issue before the court was the assessment of damages for the plaintiff's injuries. The plaintiff contended that the appropriate sum for general damages was between $45,000 and $50,000, citing several cases for guidance. The defendant submitted that a lower figure of $20,000 to $25,000 was appropriate. The court found that the plaintiff's injuries had significantly impacted her enjoyment of life, and a figure of $45,000 was reasonable, apportioned equally between the past and the future. The court also awarded damages for past and future out-of-pocket expenses, past wage loss, loss of superannuation, a buffer for future wage loss, future loss of superannuation, and domestic assistance under Griffiths v Kerkemeyer. The total amount awarded to the plaintiff was $155,137.66.

The Supreme Court of the Australian Capital Territory awarded the plaintiff, Jennifer Louise Davis, damages of $155,137.66 for injuries sustained in a motor vehicle accident caused by the defendant, Sophie Grgic. The defendant admitted liability, and the only issue before the court was the assessment of damages. The court found that the plaintiff's injuries had significantly impacted her enjoyment of life and awarded general damages of $45,000, apportioned equally between the past and the future. The court also awarded damages for past and future out-of-pocket expenses, past wage loss, loss of superannuation, a buffer for future wage loss, future loss of superannuation, and domestic assistance under Griffiths v Kerkemeyer. The total amount awarded to the plaintiff was $155,137.66. The court ordered the parties to file and serve written submissions on the question of costs within 14 days and granted liberty to either party to apply for further orders on not less than 48 hours' written notice to the other party.
Details

Areas of Law

  • Civil Litigation & Procedure

  • Personal Injury Law

Legal Concepts

  • Compensatory Damages

  • General Damages

  • Past Wage Loss

  • Future Wage Loss

  • Loss of Superannuation

  • Out of Pocket Expenses

Actions
Download as PDF Download as Word Document

Most Recent Citation
Marhaba v Chen [2024] ACTSC 241

Cases Citing This Decision

10

Marhaba v Chen [2024] ACTSC 241
Amin v Vidal [2020] ACTSC 227
Scuderi v Raskurasingham [2017] ACTSC 41
Cases Cited

6

Statutory Material Cited

0

Vulin v Cox [2005] ACTCA 22
Griffiths v Kerkemeyer [1977] HCA 45