A WOMAN who suffered a serious knee injury on a yacht at Toronto has been granted approval to lodge a $1.8 million negligence claim in the NSW Supreme Court against her father who was skippering the boat.
Linda Engwirda appealed a decision that her claim should remain in the District Court that caps civil compensation matters at $750,000.
In a decision handed down late last month, Justice Mark Ierace ruled that if Ms Engwirda's claim succeeded there was a "real chance" the damages would exceed $750,000.
The court heard she was on a yacht being skippered by her father Greg Robinson on February 13, 2016, when it is alleged he "decelerated suddenly and without warning" on approach to the Royal Motor Yacht Club at Toronto on Lake Macquarie.
Ms Engwirda alleges she was thrown forward and fractured her right knee.
The 45-year-old underwent surgery 10 days later and spent four months in a brace and had to be treated by a physiotherapist.
Complications arose and she developed deep vein thrombosis, which required a further six months of treatment.
"It is also alleged that the plaintiff suffered post-accident falls as a result of her right knee buckling and giving way," Justice Ierace said.
"Surgery was conducted to remove the right knee 'hardware' in October 2017."
Ms Engwirda is seeking $1.838 million in damages for out-of-pocket expenses, economic and non-economic loss and domestic assistance.
Her application to move the matter to the Supreme Court was dismissed in January last year by a registrar who questioned how severe the injuries were and the amount of past and future economic loss being claimed, which was $217,685 and $798,628 respectively.
"Taking into account all of these issues, my impression is that the plaintiff's economic loss claim is significantly inflated and that the conclusions in the [forensic accountant's report] would be capable of considerable scrutiny...," the registrar said.
"I am not in a position to, and am not expected to, make any conclusions as to the likelihood or otherwise of her evidence being accepted. In view of all of the evidence, my impression is that the plaintiff's domestic assistance claim is also inflated."
Forensic accountant Kain Elsmore submitted a report that estimated Ms Engwirda would suffer up to a 65 per cent reduction in earning capacity, or a gross loss of $140,000 each year.
Ms Elsmore works in senior management in occupational health and safety and is involved in several businesses.
Justice Ierace set aside the registrar's orders and transferred the matter to the Supreme Court.
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