Event and Time
Event Description
- Incident Date: 9 May 2019
- Plaintiff: Ms Dimitra Perdikis (referred to as “Jenny”)
- Defendant: Qantas Airways Limited
- Background: Ms Perdikis, an employee of Qantas for over 30 years, suffered an incident at Tullamarine Airport resulting in a serious injury claimed to be a coccygeal fracture and aggravation of lumbar spondylosis.
Application and Claims
- Claim: Serious injury proceeding claiming a “serious injury” with significant impairment of earning capacity due to the incident.
- Disputed Issue: The defendant contested the extent of the plaintiff’s "after injury" earning capacity and whether she had suffered a “very considerable” pecuniary disadvantage.
Judicial Decisions
- Court considered evidence from both parties, including affidavits and medical reports.
- Agreed that the plaintiff suffered from an injury, endured impairment, and had her duties modified post-injury.
- Judicial determination focused primarily on the extent of the plaintiff’s residual capacity for suitable employment post-injury.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- No capacity for “suitable employment” based on medical evidence, particularly the long-term treating pain specialist. - Alternative argument of capacity for a maximum of 12 hours of work weekly to satisfy the legal test for pecuniary loss.
- Defendant's Arguments:
- Plaintiff has residual capacity for suitable employment, claiming she does not meet the legal test for serious injury due to insufficient evidence of "very considerable" pecuniary disadvantage. - Specific jobs identified by employment reports (Flexi Personnel and IPAR) were presented as potential suitable employment opportunities.