De Blank v Stemberger

The plaintiff, De Blank, sought damages for personal injuries sustained in a motor vehicle accident against the defendant, Stemberger. The case was heard in the Supreme Court of South Australia. The plaintiff argued for an increase in the general damages awarded for non-pecuniary loss and for an adjustment in the assessment of future economic loss, claiming that the current awards were inadequate. The defendant, on the other hand, contended that the awards were fair and appropriately reflected the circumstances of the case.

The court was required to determine whether the original assessment of general damages for non-pecuniary loss was proportionate to a most extreme case and whether the award for future economic loss was adequate. The plaintiff contended that the original assessment undervalued the extent of non-pecuniary loss and future economic loss. The court had to consider the evidence presented regarding the plaintiff's injuries, the impact on their quality of life, and the extent of future economic loss. The defendant argued that the original awards were sufficient and did not require alteration.

The court examined the evidence and concluded that the original award for general damages for non-pecuniary loss was appropriate, reflecting a proportion of a most extreme case. However, in respect of future economic loss, the court found that the original award was inadequate. The court increased the award for future economic loss to reflect the plaintiff's need for ongoing care and support. The court's reasoning was based on a detailed assessment of the medical evidence, the impact of the injuries on the plaintiff's life, and the extent of future economic loss.

The final orders included an increase in the award for future economic loss, while the award for general damages for non-pecuniary loss remained unchanged. The court's decision emphasised the importance of accurately assessing both non-pecuniary and economic losses in personal injury cases.