Tauri By His Tutor Carmelle Skipper v Janlin; Circuses Pty Limited T/As Stardust Circus (No 3)

In the case of Tauri By His Tutor Carmelle Skipper v Janlin; Circuses Pty Limited T/As Stardust Circus (No 3), the plaintiff, an infant, sought damages for personal injuries sustained when he fell from a circus trapeze. The defendants, the circus company and its employees, were held liable for the injuries. The case was heard by the Supreme Court of Victoria. The primary focus was on the assessment of damages for the infant's head and brain injuries.

The legal issues before the court encompassed determining the extent and severity of the injuries, the impact of those injuries on the plaintiff's life, and the appropriate amount of compensation. The court had to consider the plaintiff's age and the long-term effects of the injuries, including potential future medical care, loss of earning capacity, and the overall quality of life. The court also had to address the method of payment of the awarded damages, particularly in light of the defendants' partial payment into court.

The court found that the plaintiff had suffered significant head and brain injuries, which would likely result in ongoing medical needs and reduced earning capacity. In assessing the damages, the court took into account the present and future care requirements, the plaintiff's age, and the expected lifespan. The court also considered the impact of the injuries on the plaintiff's life, including the potential for future rehabilitation and the need for ongoing support. After evaluating these factors, the court determined the appropriate amount of damages and ordered the defendants to pay the sum into court.