Personality traits falling short of a psychiatrically diagnosable clinical entity do not constitute a 'pre-existing condition' under s 7 of Schedule 3 to the Civil Liability Regulation 2003 (Qld), but are relevant matters under s 9 for assessing the injury scale value. A personality disorder, being a diagnosable clinical entity, does constitute a 'condition' under s 7. The question whether past gratuitous care is assessed on the basis of need or services actually provided remains uncertain, with the obiter statements in CSR Ltd v Eddy potentially limiting the need-based approach in Van Gervan v Fenton.
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