Gardiner v Doerr

Gardiner v Doerr was a case brought by the plaintiff, Ms Gardiner, against the defendant, Mr Doerr, for damages for post traumatic stress disorder (PTSD) that she claimed arose from a series of incidents that occurred after the couple had separated and during the process of resolving their parenting arrangements. The case was heard in the Supreme Court of Queensland. The primary legal issue before the court was whether the defendant was liable for the injury suffered by the plaintiff. The court had to consider whether the defendant's actions constituted an assault or battery, and if so, whether those actions led to the plaintiff's PTSD.

The court found that the defendant had indeed engaged in conduct that constituted assault and battery. Despite the defendant's denial and acquittal in a criminal trial, the court was satisfied based on the evidence that the defendant had threatened the plaintiff with words and later broke into her home while she was sleeping and physically assaulted her. The court noted that the defendant's threats and subsequent actions were deliberate and intended to cause harm, fulfilling the criteria for assault and battery. The court awarded the plaintiff damages for the PTSD, which included general damages, past and future economic loss, special damages, and interest on those amounts. Additionally, the court awarded aggravated and exemplary damages for the defendant's conduct.

The final orders of the court were that judgment be entered for the plaintiff against the defendant in the sum of $967,113.40, plus interest. The court also noted that it would hear the parties regarding the allocation of costs.