Plumridge v PANDELIS

In the case of Plumridge v Pandeli, the plaintiff sought damages for injuries sustained in a workplace accident. The primary dispute involved the assessment of damages for non-economic loss, loss of earning capacity, and loss of superannuation benefits under the Civil Liability Act 1936. The court had to determine the appropriate extent of damages for the plaintiff's multiple injuries, which included a shoulder injury and post-traumatic stress disorder (PTSD) arising from the accident. The court also needed to address the statutory modifications in assessing damages for lost earning capacity and superannuation, as well as the impact of these modifications on the overall damages award.

The key legal issues included the interaction between common law and statutory principles in the assessment of damages for personal injury, particularly in the context of non-economic loss and loss of earning capacity. The court considered the statutory discount for future economic loss under section 56A of the Civil Liability Act 1936 and the statutory discount for superannuation benefits under section 56(5). The court also had to evaluate the impact of the plaintiff's PTSD on her earning capacity and ability to undertake more senior roles, as well as the appropriate method for assessing loss of earning capacity.

The court ruled that the injury to the plaintiff's right shoulder was the dominant injury, and the applicable ISV (Injury Severity Value) was increased by 25% to reflect the level of adverse impact from her multiple injuries. This resulted in an award of $5,200 for non-economic loss. The court accepted the expert medical diagnosis of the plaintiff's psychiatric condition (PTSD) and the GEPIC (General Economic and Personal Injury Calculator) rating for psychiatric impairment. The court found that the plaintiff's PTSD was the primary impairment to her earning capacity, and it assessed her lost earning capacity as the difference between her current salary as a credit assessor and what she would have earned as a permanent team leader. The court also assessed damages for past and future superannuation benefits, future medical expenses, and future services and equipment.

The court awarded the plaintiff damages of $271,864, which included non-economic loss, past and future loss of earning capacity, past and future loss of superannuation benefits, past medical expenses, future medical treatment, and future services and equipment. The court directed the parties to further discuss interest on past losses, costs, and the form of judgment.