Allwood v Wilson

Case [2011] QSC 180


SUPREME COURT OF QUEENSLAND

CITATION:

Allwood v Wilson & Anor [2011] QSC 180

PARTIES:

RICKY KEITH ALLWOOD
(
plaintiff)
v
MILES WILSON
(first defendant)
And
SUNCORP METWAY INSURANCE  LIMITED
ACN 075 695 966
(second defendant)

FILE NO/S:

S123 of 2010

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court Mackay

DELIVERED ON:

22 June 2011

DELIVERED AT:

Rockhampton

HEARING DATE:

6 -7 June 2011

JUDGE:

McMeekin J

ORDER:

Judgment for the plaintiff in the sum of $474,170.80

CATCHWORDS:

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES – – where liability admitted

Civil Liability Act 2003 (Qld)

Civil Liability Regulation 2003 (Qld)

Aerial Advertising Co v Batchelors Peas [1938] 2 All ER 788

Ashcroft v Curtin [1971] 3 All ER 1208

Dessent v The Commonwealth (1977) 13 ALR 437

Holmes v Jones (1907) 4 CLR 1692

Husher v Husher (1999) 197 CLR 138

Kriz v King [2007] 1 Qd R 327

Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

McDonald v FAI General Insurance Company Limited [1995] QCA 436

Minchin v Public Curator (1965) ALR 91

Seymour v Gough [1996] 1 Qd R 89

Sunley and Co v Cunard [1940] 1 KB 740

Ted Brown Quarries v General Quarries (1977) 16 ALR 23

Van Gervan v Fenton (1992) 175 CLR 327

Woodham v Rasmussen (1953) St.R.Qd. 202

COUNSEL:

PT Cullinane for the plaintiff

GF Crow SC for the second defendant

SOLICITORS:

Macrossan & Amiet for the plaintiff

Grant & Simpson for the second defendant

  1. McMEEKIN J: The plaintiff, Ricky Keith Allwood, claims damages for personal injuries suffered on the 23rd May 2008 in a motor cycle accident.  Liability is admitted.  I am required to assess damages. 

  1. Mr Allwood was born on the 17th of December 1959. He is now aged 51 years.

The Plaintiff and His Background

  1. The defendant submitted that I should be cautious in my acceptance of the plaintiff’s testimony. There was good reason for that submission – the plaintiff seemed unprepared to provide direct answers to the most straight forward of propositions.  The cause of that approach I cannot determine with certainty. His counsel, Mr Cullinane, submitted that he appeared much more relaxed when questioned in areas with which he was familiar such as his plant operating and that was so. It may be that Mr Allwood was simply suspicious of the process and thought he needed to be ever vigilant.

  1. While I accept the need for some scrutiny of Mr Allwood’s evidence he was supported in many particulars by cogent evidence from witnesses that were impressive.  Generally I thought that Mr Allwood was doing his best in an environment that he found very uncongenial.

  1. The assessment was complicated by several problems that Mr Allwood had experienced in the years leading up to the accident. He complained of suffering the onset of industrial induced asthma in about 2002[1] due to exposure to isocyanates and toluene from a joinery business near to…

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Details
AGLC
Allwood v Wilson [2011] QSC 180
Case
[2011] QSC 180
Decision Date

CaseChat Overview and Summary

Allwood v Wilson involved a dispute where the plaintiff, Allwood, sought damages for personal injuries sustained in a motor vehicle accident caused by the defendant, Wilson, who admitted liability. The case was heard in the Supreme Court of Victoria. The plaintiff claimed damages for pain and suffering, loss of enjoyment of life, and economic losses such as past and future loss of earnings and medical expenses. The court was required to determine the appropriate measure of damages for these claims, considering the extent of the injuries and their impact on the plaintiff's life.

The primary legal issue before the court was the quantification of general damages for pain and suffering and loss of enjoyment of life. The court had to assess the extent of the plaintiff's injuries and their impact on his quality of life, taking into account medical evidence and the plaintiff's personal testimony. Additionally, the court needed to consider the impact of the injuries on the plaintiff's capacity to work and earn income, which also affected the calculation of economic damages.

The court found that the plaintiff's injuries were severe and significantly impacted his ability to enjoy life and participate in activities. The court awarded damages for pain and suffering and loss of enjoyment of life based on the severity and permanence of the injuries. The economic losses were assessed based on the plaintiff's lost earnings and medical expenses, taking into account his reduced earning capacity post-accident. The total judgment awarded to the plaintiff was $474,170.80, which included both general and economic damages.

Orders

Orders of the court

Judgment for the plaintiff in the sum of $474,170.80

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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