Bauer v Clay
[2025] QSC 114 · Crow J
A 22-year-old carpenter, Jack Bauer, was injured at age 18 when his car was hit at high speed in a violent collision in Bundaberg by another vehicle that was fleeing police. The driver who caused the crash had been pursued by police at speeds well over the limit. Although the plaintiff initially downplayed his injuries — he was very anxious and avoided doctors — the court found he had suffered a genuine soft tissue injury to his neck (and minor injuries to his upper back and shoulder) that left him with ongoing pain and headaches. The other side admitted responsibility for the accident; the only fight was about whether he was really injured and what his losses were worth. The plaintiff stated that his life aim was to be a builder, work with his father, and eventually take over his father's business. The judge accepted he was a truthful, hard-working young tradesman who could no longer work full-time and needed help with heavy lifting. The court awarded him just over $602,000, the bulk of it for his reduced ability to earn over his long working future.
Incident & injury
Plaintiff's vehicle struck at high speed in the driver's side door by another car fleeing police, shunting his vehicle into a gutter and fence
- Body regions
- Cervical spine, Thoracic spine, Right shoulder
- Diagnoses
- Soft tissue musculoligamentous injury to cervical spine (whiplash), Minor soft tissue injury to upper thoracic spine, Minor soft tissue injury to right shoulder (resolved after approximately 18 months), Headaches secondary to cervical spine injury
- Incident date
- 19 March 2022
- Location
- Princess Street, Bundaberg
Quick facts
- Date of judgment
- 22 May 2025
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 18
- Occupation
- Carpenter Technician / Trade Worker
- Liability
- Admitted
- ISV assessed
- 10 uplift applied · Item 88 (moderate cervical spine injury)
- Whole Person Impairment
- 13%
- Total damages
- $602,008
Outcome
Judgment for the plaintiff against the second defendant (the CTP insurer) for $602,008.14. Liability was admitted; the contest was whether the plaintiff suffered injury and the proper quantum. The court found a soft tissue cervical spine injury caused by the motor vehicle accident and awarded substantial future loss of economic capacity reflecting the plaintiff's young age and reduced capacity as a carpenter.
Defendant
1 Transport Accident Commission
CTP Insurer
- Judgment against this defendant
- $602,008
Heads of damage
| General damages | $24,370 |
|---|---|
| Past economic loss | $37,653 |
| Interest on past EL | $2,563 |
| Past superannuation | $2,301 |
| Future loss of economic capacity | $527,535 |
| Future superannuation | $0 |
| Past special damages (plaintiff) | $3,430 |
| Interest on past special damages | $156 |
| Future special damages | $4,000 |
Key issues
Bauer v Clay [2025] QSC 114
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