Metcalfe v Commonwealth of Australia

Metcalfe was a seaman aboard HMAS Melbourne at the time of its collision with HMAS Voyager in 1964. He subsequently experienced post traumatic stress disorder (PTSD) from the collision. The Commonwealth of Australia admitted liability for the collision. The case before the court was the determination of damages for Metcalfe's injuries, focusing on the PTSD. The court had to decide whether the finding that Metcalfe's PTSD ceased in 1973 was open, whether the only consideration for damages was the loss of earning capacity, and whether the general damages awarded were adequate.

The court found that the finding that Metcalfe's PTSD ceased in 1973 was not open, as there was evidence that he had experienced ongoing PTSD symptoms. The court emphasised the importance of considering the totality of Metcalfe's injuries, including his PTSD, in determining damages. The court held that the loss of earning capacity was not the only consideration for damages, and that non-economic losses, such as pain and suffering, should also be taken into account. The court found that the general damages awarded were inadequate, as they did not adequately compensate Metcalfe for his non-economic losses.

The court ordered that Metcalfe be awarded additional damages for his PTSD, pain and suffering, and loss of amenities of life. The court also ordered that the Commonwealth pay Metcalfe's legal costs. The court's decision emphasised the importance of considering the totality of a plaintiff's injuries, including non-economic losses, in determining damages. The decision also highlighted the need for courts to ensure that general damages awards adequately compensate plaintiffs for their non-economic losses.