Reardon-Smith v Allianz Australia Insurance Ltd

In Reardon-Smith v Allianz Australia Insurance Ltd, the Court of Appeal of the Supreme Court of Queensland was called upon to review the assessment of damages awarded to the appellant, a professional surfer who had suffered personal injury in a motor vehicle accident. The appellant contended that the damages awarded for past and future economic loss were manifestly inadequate, particularly in relation to lost earnings from prize money in competitive surfing. The respondent, Allianz Australia Insurance Ltd, maintained that the assessment was appropriate given the evidence presented.

The central legal issue before the court was whether the assessment of future economic loss should have factored in the potential earnings from prize money in professional surfing competitions. This issue required an analysis of the applicable law concerning the measure of damages in personal injury cases, particularly under section 55(3) of the Civil Liability Act 2003 (Qld). The court also needed to consider whether the explanation provided for the assessment of damages conformed to the legislative requirements.

The Court of Appeal held that the trial judge had correctly assessed the future economic loss based on the available evidence, and there was no basis to conclude that the assessment was manifestly inadequate. The court determined that the explanation for the assessment aligned with the statutory requirements, and the trial judge had considered the appropriate factors in determining the appellant's potential future earnings. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.