What happened

On 22 January 2018, the collision threw Ms Case from the carriage steps onto the vestibule floor. Before the accident she performed intermittent seasonal fruit and vegetable picking, and her continuing symptoms were found to be mild. The medical evidence did not identify a loss of earning capacity, and no employer explained why she was not offered further work.

The issues

With liability admitted, the dispute concerned the financial effect of the injuries and past and future treatment expenses. The court examined whether the claim’s assumptions of year-round work and an extended working life were supported by the evidence.

The court's decision

The court declined to infer that the accident prevented Ms Case from doing her harvesting work generally. It nevertheless allowed buffers of AUD 5,000 each for past and future economic loss to reflect a small labour-market disadvantage. Including treatment expenses, judgment was entered for AUD 11,526.40, with separate interest and an opportunity for further costs submissions.

Understanding the figures

The historical damages total was AUD 11,526.40: AUD 396 for past expenses, AUD 1,130.40 for future treatment, and AUD 5,000 each for past and future economic loss. The orders separately provided for interest under s 100 of the Civil Procedure Act 2005 and further consideration of costs on the papers.

What this case shows

Stopping work after an accident did not itself prove that injury caused the loss of earnings. Even when a buffer is appropriate, the assessment needs a factual basis for the work the claimant would have done and the capacity lost.

Why another case may differ

This was a railway passenger claim. Section 121 of the Transport Administration Act 1988 applied the Motor Accidents Compensation Act 1999 damages provisions even though the accident occurred in 2018. Non-economic loss was not claimed because the applicable threshold was not met, and this judgment left the final costs position open to submissions.

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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