Grills v Leighton Contractors Pty Ltd (No 3)

The case of Grills v Leighton Contractors Pty Ltd (No 3) involved a plaintiff who sought compensation for future care costs from the defendant, a construction company, following an injury sustained at work. The matter was heard in the Supreme Court of Queensland. The plaintiff argued that the defendant was liable for the cost of future care, which included both personal care and aids and equipment. The defendant, however, contested the plaintiff's entitlement to certain future care costs, specifically those related to aids and equipment.

The legal issues before the court were the form of orders to be made for future care costs and the appropriate method for calculating those costs. The court had to determine whether the plaintiff was entitled to a lump sum or periodic payments for future care costs and the methodology for calculating the costs of personal care and aids and equipment. The court also needed to consider whether the plaintiff had established that the future care costs claimed were reasonably necessary and whether they were to be paid by the defendant.

The court found that the plaintiff was entitled to compensation for future care costs, including both personal care and aids and equipment. The court held that the form of orders should provide for a lump sum for personal care costs and periodic payments for aids and equipment costs. In making these determinations, the court relied on established principles of damages for personal injury and considered the plaintiff's evidence and expert reports. The court concluded that the plaintiff had met the burden of proving the necessity of the future care costs claimed. The court further determined the appropriate method for calculating the future care costs, taking into account the life expectancy of the plaintiff and the expected inflation in costs over time.

The court ordered that the defendant pay the plaintiff a lump sum for personal care costs and periodic payments for aids and equipment costs. The exact amounts were determined based on the calculations provided in the expert reports, adjusted for inflation and other relevant factors. The court also directed that the periodic payments for aids and equipment costs be reviewed periodically to ensure that they reflected the actual costs incurred. This decision provides guidance for future cases involving the calculation and payment of future care costs in personal injury claims.