Holly Raper before the 2011 quad bike crash
Tasmanian farmers David and Jocelyn Bowden have been ordered to pay legal costs for a British backpackerwho was left a quadriplegic following a 2011 quad bike crash at their King Island dairy farm.
Justice Stephen Estcourt handed down his final judgment in the Supreme Court in Hobart on Monday, awarding Holly Raperjust over $12.26 million.
That figurewas about $280,000 more than entered in Justice Estcourt’s draft judgment last week.
Justice Estcourtordered Mr and Mrs Bowden pay Ms Raper’s legal costs on Monday, which are expected to be several million dollars.
Hearings were held in Tasmania and the United Kingdom in April and May.
Ms Raper is in a minimally conscious state and requires around the clock medical care following the 2011 accident at the farm where was working.
Her lawyer, Slater and Gordon’s Brian Hilliard, said Ms Raper’s mother Elaine had told him she was happy with the outcome.
A potential claim amount of $40 million was mentioned during the trial, but Mr Hilliard said that was not an amount Mrs Raper had asked for.
“That $40 million figure came from a document that was tendered in court and mentioned by a judge,” he said.
“We didn’t factor in any life expectancy deductions because we wanted Justice Estcourt to make a decision about that.”
Justice Estcourt ruled Mr and Mrs Bowden had been negligent and were liable for Ms Raper’s injuries.
The court heard Ms Raper had not been provided with a helmet or training about how to operate a quad bike.
It also heard the quad bike Ms Raper was ridinghad a number of defects.
In making his judgment, Justice Estcourt ruledMs Raper’s life expectancy was likely to be limited to the next 15 years.
The Bowdens have entered bankruptcy since the accident, withinsurance company GIOresponsible for settling the payout.