Michael Stewart by his litigation guardian Carol Schwarzman v. Metro North Hospital and Health Service (ABN 184 996 277 942)
Case No.
Case no B10/2025
Case Information
Lower Court Judgment
15/11/2024 Supreme Court of Queensland (Court of Appeal) (Mullins P, Boddice JA and Ryan J)
Catchwords
Torts - Assessment of damages– Cost of future care – Location – Where the appellant suffered personal injuries arising from his treatment as a patient at a hospital operated by the respondent – Where, at trial, the respondent admitted duty, breach and causation – Where the assessment of damages for the injuries was at issue – Where the primary judge awarded damages in the sum of $2,190,505.48, before management fees to the appellant – Where the basis of the primary judge’s award of damages was to provide enhanced care and therapy while the appellant resided at a care facility – Where the appellant sought significantly higher damages, on the basis the appellant has communicated a desire to live independently, rather than in a care facility – Whether the primary judge erred in assessing damages.
Documents*
06/03/2025 Determination
20/03/2025 Notice of appeal
17/04/2025 Written submissions (Appellant)
17/04/2025 Chronology (Appellant)
08/05/2025 Written submissions (Respondent)
15/05/2025 Reply
*The due dates shown for documents on this page are indicative only.