Event and Time
Event Description
On January 8, 2020, a six-year-old girl named Cecilia Si Chen sustained a severe injury to her right eyelid after running into a clothing rack while at a Kmart store in Chatswood. The injury nearly detached her eyelid, resulting in significant scarring and ptosis.
Application and Claims
- Applicant: Cecilia Si Chen (plaintiff), represented by legal counsel, sought damages for non-economic loss and loss of earning capacity resulting from the injury.
- Respondent: Kmart Australia Limited, which admitted liability but contested the extent of damages claimed.
Judicial Decisions
The primary judge awarded a total of $59,929.36 in damages, which included:
- $8,000 for future medical treatment,
- $5,000 for loss of future earning capacity,
- $45,825 for non-economic loss.
The primary judge's decisions were subsequently appealed by Cecilia Si Chen, seeking an increased amount for non-economic loss and future earning capacity.
Dispute Points and Legal Basis
Dispute Points
- Non-Economic Loss:
- Applicant’s Claim: Argued that the award of non-economic damages at 25% of a most extreme case was too low, stating that the judge failed to consider the full extent of physical and emotional trauma caused by the injury and subsequent surgeries. - Respondent’s Position: Contended that the damages awarded were appropriate under the law, with adequate attention given to the psychological effects.
- Loss of Earning Capacity:
- Applicant’s Claim: Asserted that the $5,000 buffer sum was inadequate, arguing that evidence suggested the scarring would lead to financial loss. - : Argued that the applicant did not prove that the scarring would lead to decreased earning capacity.