What happened
On 2 December 2021 a roof sheet collapsed as the claimant stepped from a ladder onto a granny-flat roof, causing a fall of about three metres. Despite surgery and rehabilitation, he remained limited in mobility and daily activities. The defendant filed no defence and took no part in the proceedings.
The issues
The hearing assessed quantum after default judgment rather than trying contested liability. The court had to distinguish the pre-existing psychiatric conditions from their aggravation and value the care needs and future treatment despite incomplete cost estimates.
The court's decision
Non-economic loss was assessed at 40% of a most extreme case. The court awarded past and future personal and domestic assistance and a buffer for future medical expenses. Judgment was entered for $1,005,598 with costs separately ordered.
Understanding the figures
The historical AUD total of $1,005,598 comprised $321,500 for non-economic loss, $145,055 for past care, $464,043 for future care and $75,000 for future treatment. It excluded earnings loss; costs were separate.
What this case shows
Even an undefended damages assessment requires evidence of accident-related loss and future needs. Aggravation can be separated from a pre-existing condition, while uncertainty about precise treatment costs may affect the method of assessment where the need itself is established.
Why another case may differ
This is a 2026 quantum decision about a 2021 accident, not a precedent resolving liability after a contested hearing. Economic loss was withdrawn and past medical expenses were not adequately proved. The s 16 amounts and percentage used in the decision are not presented as current amounts or a benchmark for another case.
Applying it to your claim
Different facts, evidence or procedures, an appeal, or a change in the law may affect how this decision applies. This is general information, not a report of a case handled by Park & Co Lawyers.
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