Re PK (by her next friend the Public Trustee)

This case involves an appeal from a decision concerning compensation for a victim of serious crime, specifically focusing on the assessment of future treatment expenses. The respondent, referred to as PK, was a victim of multiple sexual offences committed by multiple offenders. The appeal was heard by the Court of Appeal in South Australia. The primary issue before the court was whether the primary judge had erred in his assessment of PK's future treatment expenses. This involved determining the correct methodology for calculating the future treatment expenses and whether the primary judge had applied an appropriate discount to the expert's estimate.

The Court of Appeal considered whether the primary judge had adequately justified the reduction of the expert's estimate for future treatment expenses. The court found that the primary judge had failed to sufficiently explain the basis of his discount, which led to an undervaluation of PK's future treatment expenses. The court concluded that the primary judge should have applied a discount to the expert's estimate but found that the discount applied was not adequately supported by reasons. The court then adjusted the discount to arrive at a more appropriate assessment of future treatment expenses.

Following its analysis, the Court of Appeal allowed the appeal and increased the total amount of the award payable to the Public Trustee to $113,617.50. The court's decision highlights the importance of clear and reasoned justification for any adjustments to expert estimates in assessing future treatment expenses in criminal injuries compensation cases. The final orders reflect the court's determination that the primary judge's assessment of future treatment expenses was insufficient and required correction.