Khan by his next friend Khan v Lim

The case of Khan by his next friend Khan v Lim involved a dispute concerning the assessment of damages for a motor vehicle accident. The plaintiff, Khan, was a teenager at the time of the accident and suffered injuries that impacted his future earning capacity and medical costs. The defendant, Lim, was the driver responsible for the accident. The case was heard in the court, which was tasked with determining the appropriate amount of damages for the plaintiff's future losses.

The central legal issues the court had to decide were the appropriate buffer percentages for future loss earning capacity and future medical costs. The court had to determine whether the percentages applied by the primary judge were consistent with the principles established in previous case law and whether they adequately reflected the uncertainties and contingencies inherent in assessing future losses. The court also had to consider the specific circumstances of the plaintiff, a teenager, and the nature of his injuries.

The court found that the primary judge had applied an insufficient buffer for future loss earning capacity and future medical costs. The court held that the buffer for future loss earning capacity should have been 15%, not the 10% applied by the primary judge. For future medical costs, the court held that the buffer should have been 10%, not the 7.5% applied. The court considered that the primary judge had not adequately accounted for the uncertainties and contingencies inherent in assessing future losses, particularly given the plaintiff's age and the nature of his injuries. The court also found that the primary judge's approach to the assessment of damages was inconsistent with established principles in case law.

The final orders of the court were to enter judgment for the plaintiff in the sum of $45,000, with the question of costs reserved. The court directed the parties to notify its associate by a specified date and time of a range of convenient dates for the hearing of any costs argument and the likely duration of that argument. The court's decision underscored the importance of applying appropriate buffer percentages in assessing future losses and the need for careful consideration of the specific circumstances of the plaintiff.