Dolores Correa and the Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham (No 4)

Dolores Correa and the Spanish Club Limited (subject to Deed of Company Arrangement) have brought proceedings against Kenneth Michael Whittingham in the Federal Circuit Court of Australia. The dispute revolves around claims for personal injury damages, aggravated damages, and exemplary damages following a motor vehicle accident in which the plaintiff was a passenger in a vehicle driven by the defendant. The parties have now come to an agreement, and the Court is required to give effect to the judgment through appropriate orders.

The legal issues before the Court included the calculation of damages to be awarded to the plaintiff for her injuries, as well as the quantum of aggravated and exemplary damages to be considered. The Court was required to examine the evidence presented by both parties, consider the relevant legal principles, and make findings on the appropriate compensation to be awarded.

In delivering the judgment, the Court meticulously evaluated the evidence and submissions from both parties. It found that the plaintiff was entitled to certain damages for her injuries, along with aggravated and exemplary damages, based on the defendant's conduct. The Court then outlined the agreed orders to give effect to the judgment, which included the payment of compensation to the plaintiff by the defendant. The Court ensured that the orders were clear, precise, and enforceable, taking into account the agreement reached by the parties.

The Court made orders that the defendant, Kenneth Michael Whittingham, pay Dolores Correa the sum of $300,000.00 as compensation for her injuries, along with interest and costs as agreed. The Court also ordered that the defendant pay additional sums for aggravated and exemplary damages, as per the terms of the agreement between the parties. The orders were designed to provide the plaintiff with the compensation she was entitled to, while also ensuring that the defendant fulfilled his obligations under the agreement.