The Queensland Court of Appeal (Fryberg and Mullins JJ, McMurdo P dissenting in part) allowed the appeal in part, reducing the plaintiff's damages from the trial judge's award to $62,557.40. The Court found the primary judge erred in the assessment of general damages, future economic loss, and damages for gratuitous services, while upholding the admissibility of evidence regarding gratuitous services under UCPR r 548(4)(c) despite the claim not being particularised in the statement of loss and damage. The Court also considered whether the primary judge erred in ordering indemnity costs following an offer to settle under UCPR r 360, with the outcome affected by the reduced award. The case also raised a potential issue regarding the respondent's solicitors' conduct, with the Court adjourning that question for further consideration.
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