Brown v Islip & Anor
[2026] QSC 92 · Copley J
Jade-Elle Brown was eight years old when, in October 2013, the car she was travelling in (driven by her grandfather) was hit head-on by a motorhome on the Bruce Highway. She believed her sisters and grandfather had been killed and saw one sister badly injured. Her minor physical injuries healed, but she developed post-traumatic stress disorder, with ongoing nightmares, flashbacks, and difficulty driving and being near accidents or sirens. The driver's insurer admitted fault, so the only question was how serious the lasting psychological injury was and what compensation should be paid. The insurer argued the condition had recovered by 2018; the court disagreed and found it continued to affect her. The judge awarded her around $239,000, with the largest part for the reduced ability to work and develop her career over her lifetime. The court refused a claim for future care, finding there was no medical evidence she would need ongoing support.
Incident & injury
Motor vehicle collision — first defendant's motorhome braked heavily, veered into the path of the oncoming vehicle in which the plaintiff was a front-seat passenger, crushing the cabin
- Body regions
- Psychiatric, Right femur, Left forearm
- Diagnoses
- Bruising of the right femur, Superficial lacerations to the left forearm, Post-Traumatic Stress Disorder (PTSD)
- Incident date
- 2 October 2013
- Location
- Bruce Highway (near roadworks)
Quick facts
- Date of judgment
- 1 May 2026
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~8 (inferred)
- Occupation
- School student at time of injury (aged 8); later receptionist/various roles at trial Minor / Child
- Liability
- Admitted
- ISV assessed
- 9 · Item 12 (Moderate mental disorder), Schedule 4 Civil Liability Regulation 2003
- Total damages
- $238,987
Outcome
The court found the plaintiff sustained PTSD from a 2013 motor vehicle collision (when aged 8) that was not in remission, and assessed damages of $238,987.00, entered against the CTP insurer. Liability was admitted; the dispute concerned the extent of the psychological injury and quantum.
Defendant
1 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $238,987
Heads of damage
| General damages | $13,240 |
|---|---|
| Past economic loss | $5,131 |
| Interest on past EL | $1,556 |
| Past superannuation | $513 |
| Future loss of economic capacity | $124,354 |
| Future superannuation | $14,922 |
| Past care (Griffiths v Kerkemeyer) | $53,865 |
| Future care | $0 |
| Past special damages (plaintiff) | $5,250 |
| Future special damages | $20,000 |
Key issues
Brown v Islip & Anor [2026] QSC 92
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