Tamlyn v The Nominal Defendant
Fri Jun 8 2007
The decision of Tamlyn v The Nominal Defendant  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.