In the case of Stewart v Metro North Hospital and Health Service [2024] QCA 225, the Court of Appeal dealt with a dispute over the assessment of damages for Michael Stewart, who suffered personal injuries while under the care of Metro North Health Service. The appellant, Stewart, argued for higher damages based on his preference to live independently, citing health benefits from such an arrangement. However, the Court upheld the primary judge's award after determining the health benefits of additional therapy and care arrangements would be equivalent whether provided at a care facility or independently, thus deeming the additional costs unreasonable. Ultimately, Stewart's appeal was dismissed, but the cross-appeal resulted in amending the original damages to $2,171,244.03.
Full text: https://www.sclqld.org.au/caselaw/150639