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Victoria Jennings was severely injured in a car accident in 2015. As a result of her injuries Victoria will become more disabled as she ages, and her health and mobility will deteriorate over time. Given her injuries Victoria has a residual earning capacity of $500 a week and a working life which will end at 50 years in December of 2041. At the hearing of Victorias personal injuries claim she was awarded damages of $2.75 million, the bulk of which related to present and future medical and associated expenses of 1.7 million. Lacking any investment expertise or experience, on receiving her damages award, Victoria engaged a financial planner, Bob Surething to advise her on how to manage her present and future finances to ensure that she is able to pay her current and future medical expenses. Bob operated his financial advisory business through a company called Worthwhile Investments Pty Ltd (Worthwhile Investments).

On the basis of Bobs advice, Victoria invested $2million in a share portfolio. The remaining $750,000 was spent in paying off the mortgage on Victorias house and making home modifications to accommodate Victorias injuries.

Initially the share portfolio grew in value with Bob valuing Victorias portfolio at 2.4 million in 2018.

Victorias mother, Anita, was very interested in the value of Victorias share portfolio. Anita would regularly ask Victoria what shares Bob had recommended Victoria invest in. Anita would then buy the same shares in her name.

Victoria requested on a fairly regular basis that Bob provide funds to her from her share portfolio so that Victoria could fund her own start- up businesses. Unfortunately, none of the start- ups were successful partly because of limitations caused by Victorias injuries.

By the end of 2020 Bob told Victoria the value of her share portfolio had dropped to $1.5 million, in part because of Victorias borrowings from her share portfolio to fund her failed start-ups and in part because of the continued decline in the value of shares held in Tourism and Accommodation companies in Victorias portfolio. In 2021 the value of the portfolio continued to decline. Victoria ended Bobs appointment as her financial advisor in November 2021.

In 2022, Victoria commenced proceedings against Worthwhile Investments, claiming that Bob Surething is liable in negligence. Victoria claims that Bob has breached his duty to her on two counts. Firstly, by not warning her against borrowing money from her share portfolio and investing in a number of failed start-up businesses. Secondly by retaining shares in Tourism and Accommodation companies when Australia and the World was experiencing a COVID Pandemic, preventing domestic and international travel to a large extent.

Victorias mother Anita has joined Victoria in claiming that Bob Surething is liable in negligence as Anita relied upon his advice in purchasing Tourism and Accommodation company shares and has suffered financial losses by doing so.

Worthwhile Investments argue there is no duty owed by Bob to Victoria to oversee her spending and no duty owed by Bob to Anita as Bob was unaware that Victoria was sharing her personal investment plan with Anita.

Victoria and Anita come to you for advice on whether each has a claim in negligence against Bob Surething. Please restrict your answer to discussion of the Civil Liability Act 2003 (Qld) and the supporting common law that was discussed in the (Torts Law Parts 1 and 2) lectures and associated workshops.

~ END OF HYPOTHETICAL FACTS ~

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