Slight v Ben-Mac Pty Ltd

Sandy Robyn Slight brought an action against Ben-Mac Pty Ltd for damages resulting from a back injury sustained while working as a chef at the restaurant "Eat Street" at Marina Mirage, Main Beach. The defendant admitted liability, and the court was tasked with assessing the plaintiff's damages. The plaintiff, born on April 18, 1966, experienced a ruptured lumbo-sacral disc due to strenuous tasks including heavy lifting, leading to significant physical and psychological impairments. The plaintiff underwent two surgeries, engaged in physiotherapy and various retraining courses, but has been unable to return to full-time employment. The plaintiff's relationship with her fiancé deteriorated, and she later had a child with another man. Her condition has resulted in constant pain, headaches, and limitations in daily activities and employment opportunities.

The court examined several legal issues, including the assessment of damages for pain, suffering, and loss of amenities; economic loss; and future expenses. For pain, suffering, and loss of amenities, the court awarded $45,000, considering the plaintiff's young age, work-oriented lifestyle, and the significant impact of the injury on her life. For economic loss, the court assessed the plaintiff's earning capacity as reduced by about fifty percent, awarding $80,000 for past economic loss and $150,000 for future economic loss. The court also considered claims for care and assistance under Griffiths v. Kerkemeyer, awarding $10,000 for past care and $20,000 for future care, despite difficulties in applying the principles of Van Gervan v. Fenton to the evidence. Future expenses included medication, acupuncture, and other medical needs, totaling $8,000, $5,250, and $1,400 respectively.

The court summarised the damages as follows: $45,000 for pain, suffering, and loss of amenities; $80,000 for past economic loss; $150,000 for future economic loss; $10,000 for past care; $20,000 for future care; and various amounts for future medical expenses. After deducting Workers' Compensation payments, the total award was $301,558.03, with liberty to apply on questions of mathematics and interest.