Leivers v Eltin Pty Ltd

Errol Sylvester Leonard Leivers suffered serious injury in a mining accident on 24 August 1987. The defendant admitted liability for that injury, and the action concerned only the quantum of damages recoverable. The plaintiff was born on 11 May 1962, and grew up with a strong family tradition of mining. He developed an interest in mining from a young age, working with his father and elder brothers in mining operations. The plaintiff's educational achievements were not outstanding, but he excelled in subjects related to mining. After leaving school, he worked in various mining ventures across Australia with his brothers. The accident occurred when the plaintiff was working in the defendant's mine with his brother Mark. The plaintiff suffered severe physical and psychological injuries, including spinal damage, a burst stomach, and psychological trauma from the incident. The court had to assess the damages for the plaintiff's pain, suffering, and loss of amenities of life, as well as his loss of earning capacity.

The court assessed damages for the plaintiff's pain, suffering, and loss of amenities of life in the sum of $100,000. Of that sum, $40,000 was awarded pre-trial and $60,000 post-trial. Interest was assessed at 2% on $40,000 for 7.8 years, amounting to $6,240. The court found that the plaintiff's pre-trial loss of earnings as a result of his injuries was $300,000, with interest at 6% per annum for 2,845 days, amounting to $126,198. The plaintiff's loss of future earning capacity was assessed at $1,155 per week for 31 years, reduced by 25% for contingencies, amounting to $712,057. The present value of potential future earnings of $200 per week for 31 years was discounted by 40%, amounting to $98,640. The total damages awarded to the plaintiff were $1,158,640, including general damages, loss of income, interest, special damages, future psychological counselling, and other expenses. The court ordered the defendant to pay the plaintiff's costs of and incidental to the action.