Howe v Qantas Airways Limited (No.2)

The applicant in this case, Howe, brought an action against Qantas Airways Limited for breach of contract and negligence. The dispute arose from an incident where Howe was injured during a flight, and she alleged that Qantas was liable for her injuries. The case was heard in the Federal Court of Australia. The primary legal issue before the court was to determine the quantum of damages to be awarded to Howe for her injuries. This involved assessing the extent of her injuries and the impact they had on her life, as well as determining the appropriate amount of compensation.

The court had to consider various factors in determining the quantum of damages. These included the severity and permanence of Howe's injuries, the impact on her ability to work and enjoy life, and the medical expenses incurred. The court also had to assess whether there were any mitigating factors that might reduce the amount of damages. In reaching its decision, the court took into account medical evidence, expert opinions, and submissions from both parties.

After careful consideration of the evidence and arguments presented, the court determined that the appropriate amount of damages to be awarded to Howe was $24,753.85. The court also made adjustments to the dates relevant to the calculation of damages, substituting 15 July 2001 for 26 February 2001. The court ordered Qantas to pay the applicant's costs of and incidental to the principal proceedings, as outlined in Schedule 1 to the judgment. The decision provides clarity on the quantum of damages in this case and ensures that Howe is adequately compensated for her injuries.