Sutton v Hunter & Anor
[2022] QCA 208 · Bond JA, Crow J, Mellifont J
Kate Sutton was injured in a car accident in February 2015 and developed post-traumatic stress disorder, her most serious injury. She had been out of the workforce for almost a decade raising her children but intended to return to work shortly before the accident. Liability for the accident was admitted, so the only dispute was how much she should receive. At trial a Supreme Court judge awarded her damages, including amounts for past and future loss of earning capacity, totalling about $314,000. She appealed, arguing the awards were too low. The Court of Appeal agreed that the trial judge wrongly assumed she would fully recover her earning capacity by 2025, when the medical evidence showed her condition was chronic and permanent. The Court found she had suffered a 50% loss of earning capacity and increased her future loss award to $307,000, lifting her total recovery to about $544,000. Because this exceeded an earlier settlement offer she had made, she was also awarded her trial costs on the indemnity basis.
Incident & injury
Car accident on 10 February 2015 caused by the negligence of the first respondent
- Body regions
- Psychiatric
- Diagnoses
- Post-Traumatic Stress Disorder
- Incident date
- 10 February 2015
Quick facts
- Date of judgment
- 25 October 2022
- Claim type
- MAIA
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 43
- Occupation
- Out of the workforce; intended to return to work (possible managerial position in small business) Homemaker
- Liability
- Admitted
- ISV assessed
- 10 · Item 12, Schedule 4 (moderate mental disorder)
- Total damages
- $543,988
Outcome
The Court of Appeal allowed the plaintiff's appeal, finding the primary judge erred in concluding she would suffer no diminution in earning capacity after 2025. It substituted an award of $307,000 for future economic loss (a 50% loss over 17 years), increasing the total damages from $314,345 to $543,988, and awarded the plaintiff her trial costs on the indemnity basis.
Defendant
1 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $543,988
Heads of damage
| General damages | $21,280 |
|---|---|
| Past economic loss | $180,336 |
| Interest on past EL | $10,355 |
| Future loss of economic capacity | $307,000 |
| Past special damages (plaintiff) | $13,488 |
| Interest on past special damages | $489 |
| Future special damages | $11,040 |
| Subtotal before refunds | $543,988 |
Key issues
Sutton v Hunter & Anor [2022] QCA 208
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Learn more about motor vehicle accident claims and psychological injury claims in Queensland.