Hunter v Aubrey and 1 Ors

The appeal in *Hunter v Aubrey and 1 Ors* concerned a personal injury claim arising from a motor vehicle accident. The appellant sought damages for non-economic loss and future economic loss. The central dispute revolved around whether the appellant's injuries qualified under the applicable thresholds of the *Motor Accident Act 1988* (NSW), and whether the assessment of damages had adequately considered the impact of a pre-existing condition and a subsequent pregnancy on the injuries sustained. The appeal was heard by Sheller, Beazley, and Santow JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in failing to have regard to certain evidence, particularly medical evidence, and whether the judge had failed to refer to the appellant's explanation for the exacerbation of her injuries. These failures, if established, would raise questions about the adequacy of the trial judge's assessment of damages.

The Court of Appeal found that the trial judge had indeed failed to adequately consider crucial evidence, including medical evidence, and had not addressed the appellant's explanation for the worsening of her condition. This judicial failure meant that the assessment of damages was flawed. Consequently, the Court upheld the appeal, setting aside the verdict entered for the defendant at trial. The matter was remitted to the District Court for a re-hearing on the issue of damages. The appellant was awarded costs of the appeal, with the costs of the court below to be determined by the judge conducting the re-trial.