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Tamlyn v The Nominal Defendant


Fri Jun 8 2007

 

The decision of Tamlyn v The Nominal Defendant [2007] QSC 071 considered damages payable to plaintiff academic in a specialised area of music, who argued economic loss based on the inability to progress as quickly through his career.  The plaintiff suffered brain damage assessed at between 15-20%.  In awarding $250,480.70, His Honour Justice Mackenzie found that there had been no interference with such progression to the date of trial, but allowed a modest sum ($15,000) for past economic loss based on inability to perform extra-curricular teaching activities and suchlike.  As to the future, a global allowance was made ($100,000) for the risk of future lost income as an academic.  General damages were assessed at $70,000.


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