Waller v Suncorp Metway Insurance Ltd

The appeal before the court involved the appellant, Waller, and the respondent, Suncorp Metway Insurance Ltd, in a case concerning damages for personal injuries sustained by Waller in a car accident. The primary judge had awarded Waller $5,785,612 in damages. The appellant challenged several aspects of the award, including the assessment of damages for past care and assistance, the amount allowed for future care, the rejection of a claim to cover the cost of holidays, the allowance made for case management, the rejection of a claim for the cost of modifying a motor vehicle, and the calculation of administration and management fees.

The court considered whether the primary judge erred in several respects. Regarding past care and assistance, the court found no error. The assessment for future care was reviewed, and the court determined that the primary judge's approach was flawed. The rejection of the holiday cost claim was also scrutinised, and the court found that the primary judge's reasoning was not sound. Regarding case management, the court identified an error in the allowance. The rejection of the motor vehicle modification cost was deemed incorrect. Finally, the calculation of administration and management fees was criticised for the method of amortisation used.

The appeal was allowed, and the judgment was varied by increasing the amount awarded to Waller by $110,000, from $5,785,612 to $5,895,612. The respondent was ordered to pay half of the appellant’s costs of the appeal. This decision underscores the importance of careful consideration in the assessment of damages for personal injuries, particularly in relation to future care and associated costs.