SUPREME COURT OF QUEENSLAND
CITATION:
Nucifora & Another v AAI Limited [2013] QSC 338
PARTIES:
Michael John NUCIFORA
First Plaintiff
Arianne Kerry NUCIFORA
Second Plaintiff
And
AAI LIMITED
(ABN 48 005 297 807)
Defendant
FILE NO/S:
Rockhampton S 288 of 2013
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court at Rockhampton
DELIVERED ON:
13 December 2013
DELIVERED AT:
Rockhampton
HEARING DATE:
3, 4 December 2013.
JUDGE:
McMeekin J
ORDER:
Judgment for the plaintiff in the sum of $329,161.78
CATCHWORDS:
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTION FOR TORT – MEASURE OF DAMAGES – LOSS OF EARNING CAPACITY – where plaintiff injured in motor vehicle accident – where liability admitted – where plaintiff suffers from back, neck and shoulder pain and anxiety as a result of accident – whether the plaintiff has suffered a loss of earning capacity.
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES – PERSONAL INJURIES – where claim for paid services in the future.
Civil Liability Act (Qld) 2003, s55, 59
Civil Liability Regulation 2003 (Qld), Sch 4.
Allianz Australia Insurance Ltd v McCarthy [2012] QCA 312, followed
Ballesteros v Chidlow & Anor [2006] QCA 323, cited
Carroll v Coomber & Anor [2006] QDC 146, cited
Clement v Backo [2007] 2 Qd R 99, cited
CSR Ltd v Eddy (2005) 226 CLR 1, cited
Graham v Baker (1961) 106 CLR 340, cited
Kawecki v Tobin & Suncorp Metway Ltd [2007] QDC 321, cited
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638, cited
Medlin v State Government Insurance Commission (1995) 182 CLR 1, cited
Paul v Rendell (1981) 55 ALJR 371, cited
Reardon-Smith v Allianz Australia Insurance Ltd [2007] QCA 211, cited
COUNSEL:
Mr B Whitten for the Plaintiff
Mr GF Crow QC for the Defendant
SOLICITORS:
Rees R & Sydney Jones for the Plaintiff
Grant and Simpson Lawyers for the Defendant
MCMEEKIN J: The plaintiffs, Mr and Mrs Nucifora, suffered personal injury in a motor vehicle accident which occurred on 6 July 2011. They claimed damages. Liability was admitted. The second plaintiff’s claim was settled. The first plaintiff’s claim was not. I am required to assess damages.
Mr Nucifora was born on 1 November 1972 and so is presently aged 41 years and was 39 years of age when injured.
In the subject accident Mr Nucifora suffered the following injuries:
(i) compression fracture of the thoracic spine of T10;
(ii) fractured sternum;
(iii) fractured ribs eight and nine;
(iv) soft tissue damage to the right-hand;
(v) soft tissue damage to the cervical spine;
(vi) soft tissue injury to the coccyx;
It is agreed that as a result of the injuries Mr Nucifora has an adjustment disorder with anxiety.
The parties have reached agreement on a number of matters:
(i) the assessment of damages is governed by the provisions of the Civil Liability Act 2003 and regulations made pursuant to that Act;
(ii) the appropriate ISV…
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- AGLC
- Nucifora & Another v AAI Limited [2013] QSC 338
- Case
- [2013] QSC 338
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the quantification of damages, specifically whether Nucifora's injuries resulted in a measurable loss of earning capacity. This required the court to consider both the nature of the injuries and their impact on Nucifora's ability to work in the future. The court also had to determine if the plaintiff's claims for paid services in the future were valid and quantifiable.
The court found that Nucifora had suffered a loss of earning capacity due to the injuries, which significantly impacted his ability to work in the future. The court detailed the extent of these injuries and their implications for Nucifora's career, concluding that the loss of earning capacity was both real and quantifiable. After careful consideration of the evidence presented, the court awarded damages in the sum of $329,161.78 to Nucifora.
Orders
Orders of the court
Judgment for the plaintiff in the sum of $329,161.78
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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