Grieve v Gomez

The case of Grieve v Gomez involved a plaintiff, who was a patient of the defendant, a doctor, at the relevant time, bringing an action for damages for negligence, breach of duty, assault, and/or battery. The plaintiff alleged that as a result of the defendant's conduct, they suffered a relapse of a probable pre-existing diagnosis of Complex Post Traumatic Stress Disorder. The plaintiff sought general and special damages, as well as exemplary and aggravated damages. The court was tasked with determining whether such damages should be awarded and the appropriate scale for assessing costs.

The court considered the nature of the plaintiff's injuries, the defendant's conduct, and the potential for exemplary and aggravated damages. The court found that the plaintiff's injuries were severe and the defendant's conduct had exacerbated the plaintiff's condition. However, the court found that there was no basis for awarding exemplary or aggravated damages. The court also considered the appropriate scale for assessing costs, ultimately determining that the Magistrates Court scale was appropriate for most of the costs and the District Court scale for costs related to obtaining Mareva Orders.

The court awarded the plaintiff general and special damages, totalling $43,247.69 including interest of $5,604.23. The court also ordered the defendant to pay the plaintiff's costs of the proceeding, including reserved costs (if any), to be assessed on the Magistrates Court scale, and the plaintiff's costs of obtaining the Mareva Orders to be assessed on the District Court scale. No exemplary or aggravated damages were awarded.

In summary, the court found in favour of the plaintiff and ordered the defendant to pay damages and costs. The court did not find any basis for awarding exemplary or aggravated damages and determined that the Magistrates Court scale was appropriate for most of the costs, with the District Court scale applicable to costs related to obtaining Mareva Orders.