Nicole Cherie Britten v CPT Manager Limited

The plaintiff, Nicole Cherie Britten, filed a claim against CPT Manager Limited for injuries sustained at a shopping centre, where she slipped and injured her ankle. The defendant admitted liability, and the case proceeded to determine the quantum of damages. The Queensland Civil and Administrative Tribunal (QCAT) was tasked with assessing the damages under the Civil Liability Act 2003 (Qld), focusing on the plaintiff's past and future economic loss due to her reduced capacity to work. The tribunal had to consider whether the injuries resulted in a quantifiable financial impact and, if so, to what extent.

The key legal issues before the tribunal were the appropriate measure of damages for the plaintiff's economic loss and the remoteness of the damages. The tribunal had to determine if the injury resulted in a measurable financial impact and if that impact was a direct consequence of the incident. The tribunal considered the plaintiff's employment history, the nature of her work, and the effect of her injury on her ability to perform her job. It was necessary to assess the extent of her economic loss, both past and future, and whether it was a foreseeable consequence of the injury.

In assessing the damages, the tribunal found that the plaintiff's ability to work was indeed adversely affected by the injury. It considered the evidence provided by the plaintiff regarding her pre-existing health conditions, the nature of her employment, and the impact of the injury on her capacity to work. The tribunal concluded that the plaintiff's economic loss was a direct consequence of the injury and was not too remote. It awarded damages for the plaintiff's past economic loss and made a provision for future economic loss, resulting in a total judgment of $532,685.82.

The tribunal ordered that judgment be entered for the plaintiff in the sum of $532,685.82, which included compensation for past economic loss and a provision for future economic loss. The award recognised the significant impact of the injury on the plaintiff's ability to work and the financial implications of that impact. The decision provides a clear framework for assessing economic loss in personal injury cases where the plaintiff's capacity to work is affected.