Ross & Ors v Milzewski

In the Supreme Court of Queensland, the case of Ross & Ors v Milzewski involved Trevor Oscar Ross, Lisa Jay Ross, Daniel Trevor Ross, and Kent Noel Ross (the plaintiffs) against Anthony Thomas Milzewski and Suncorp Insurance and Finance (the defendants). The dispute arose from the death of Wendy Ann Ross, who was killed in a motor vehicle accident on 14 July 1995. The defendants admitted liability for the accident, and the plaintiffs sought damages under the Lord Campbell's Act for the loss of dependency on the deceased.

The primary legal issue before the court was the quantification of damages for the loss of dependency and domestic services resulting from the death of Wendy Ann Ross. The court had to determine the weekly dependency amount, the period over which dependency should be calculated, and the value of the domestic services provided by the deceased.

Justice Williams, in delivering the judgment, first assessed the dependency loss by considering the financial contributions of both Wendy and Trevor Ross. The court accepted that Wendy's earnings would have been used partly for personal expenses and partly for family needs. The dependency loss was calculated at $200 per week, apportioned equally between the first and second plaintiffs. The court then calculated the past and future loss of dependency, taking into account the number of dependent children and the possibility of remarriage. The dependency loss was further broken down into stages, reflecting changes in the family's composition over time. Additionally, the court assessed the loss of domestic services provided by Wendy, considering the hours spent on domestic chores and the commercial rate for such services.

In conclusion, the court awarded damages totalling $343,737, apportioned among the plaintiffs based on their individual losses of dependency and domestic services. The damages were calculated to reflect the economic and non-economic contributions of Wendy Ross to the family before her death.