Parrish v Olympic Roadways Pty Ltd and Broome

The case involved a claim for damages by the plaintiff, a police officer, following a motor vehicle accident. The defendants, Olympic Roadways Pty Ltd and Broome, admitted liability for the accident. The plaintiff alleged that he sustained physical injuries in distressing circumstances and subsequently developed post-traumatic stress disorder, rendering him unable to work. The matter was before the court to assess the claimed heads of damage.

The legal issues before the court were the assessment of the plaintiff's claimed damages, which included compensation for his physical injuries, distress, post-traumatic stress disorder, and loss of income. The court had to consider the appropriate amount of damages to be awarded, taking into account the specific circumstances of the case and the impact of the accident on the plaintiff's life.

The court examined the evidence and submissions presented by both parties and determined that the plaintiff's damages should be provisionally assessed in the interim sum of $3,032,245.96. The court noted that this sum would be adjusted for the correct amounts to be allowed for Fox v Wood damages and out-of-pocket expenses, and to allow for the adjustment required by section 151Z(2) of the Workers Compensation Act 1987, after the parties had the opportunity to consider the effect of the findings of fact identified in the reasons. The court listed the proceedings for mention on 21 September 2018 for the parties to bring in short minutes dealing with the required adjustments, at which time final judgment and ancillary orders would be entered, or alternatively, to set a timetable for those matters to be further argued for resolution.

The court's final orders were that the plaintiff's damages were provisionally assessed in the interim sum of $3,032,245.96, subject to adjustment as outlined in the reasons. The proceedings were listed for mention on 21 September 2018 for the parties to bring in short minutes dealing with the required adjustments, at which time final judgment and ancillary orders would be entered, or alternatively, to set a timetable for those matters to be further argued for resolution.