Ardis-Phasey v Neal & Anor
[2026] QDC 25 · Porter KC DCJ
Tyson Ardis-Phasey was 14 when he was hurt in a car crash in December 2019. He received a blow to the cheek and developed ongoing lower back pain that, the judge accepted, had never gone away. The insurer admitted fault, so the trial was only about how much money he should receive. The judge found him a credible, hard-working young man who got on with his life despite the pain, including playing sport and doing physically demanding jobs like house-washing and retail work at Costco. The main difficulty was working out his future loss of earnings, given he was only 20 and his career path was unclear. The judge concluded the injury would hold back his ability to work in physically demanding skilled trades, where he was best suited, and awarded $160,000 for that loss. With general damages, future treatment and out-of-pocket expenses, the total came to $182,800. The judge criticised surveillance footage filmed inside the plaintiff's workplace and another shop as likely unlawful trespass.
Incident & injury
Motor vehicle accident — plaintiff was a passenger and suffered a blow to the cheek and a musculoligamentous injury to the lower back
- Body regions
- Lumbar spine, Lower back, Cheek/face
- Diagnoses
- Musculoligamentous injury to lower back (chronic), Cheek bruising (resolved), Seatbelt bruising (resolved)
- Incident date
- 16 December 2019
- Location
- Queensland (specific location not stated)
Quick facts
- Date of judgment
- 27 February 2026
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 14
- Occupation
- Retail worker (Costco); previously house-washer Sales Worker
- Liability
- Admitted
- ISV assessed
- 9 · Item 93 (Schedule 4 Civil Liability Regulation)
- Total damages
- $182,800
Outcome
The court assessed damages for a young plaintiff injured at age 14 in a car accident who suffered a chronic lower back injury, with liability admitted. Judgment was entered for the plaintiff in the sum of $182,800, with indemnity costs awarded from 3 February 2026 after the plaintiff beat a formal offer.
Defendant
1 Tiana Emily Neal / Allianz Australia Insurance Limited
CTP Insurer / Driver
- Apportionment
- 100%
- Judgment against this defendant
- $182,800
Heads of damage
| General damages | $15,300 |
|---|---|
| Future loss of economic capacity | $160,000 |
| Past special damages (plaintiff) | $1,500 |
| Future special damages | $6,000 |
| Subtotal before refunds | $182,800 |
Key issues
Ardis-Phasey v Neal & Anor [2026] QDC 25
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