Owners - Strata Plan 156 v Gray

The case of *Owners - Strata Plan 156 v Gray* involved an appeal and cross-appeal concerning the assessment of damages awarded to the plaintiff for an injury to her left ankle. The dispute centred on whether the damages awarded for non-economic loss, future economic loss, future domestic assistance, and loss of future superannuation were manifestly excessive, particularly in relation to the threshold for the "most extreme case" under section 16 of the *Civil Liability Act 2002*.

The court was required to determine the extent to which the plaintiff's ankle injury impacted her employment and ability to participate in sport, and whether the quantum of damages awarded reflected these impacts appropriately. Specifically, the court had to consider if the awarded damages met the threshold for an "extreme case" as contemplated by the relevant legislation.

In his reasons, Judge Graham found the plaintiff to be an honest witness whose evidence reflected genuine concessions. He considered it significant that the plaintiff had to forgo her employment as a dealer, a position she had trained for and was prepared to wait for. The court noted the absence of reports from certain medical professionals and inferred that any such reports would not have aided the defendant's case. The plaintiff's diligent pursuit of medical advice and self-treatment was also seen as consistent with her approach to her disabilities. The court acknowledged that the ankle injury was significant and that the plaintiff suffered a substantial and likely indefinite disability and incapacity, with medical evidence largely supporting this conclusion.

The appeal was allowed, and the cross-appeal was also allowed. The appellant was directed to file short minutes of orders within seven days, and the parties were to file written submissions regarding costs and restitution within the same timeframe.