SUPREME COURT OF QUEENSLAND
CITATION:
Bailey v Nominal Defendant [2004] QCA 344
PARTIES:
PETER JOHN BAILEY
(plaintiff/respondent)
v
NOMINAL DEFENDANT
(defendant/appellant)FILE NO/S:
Appeal No 12006 of 2003
SC No 969 of 1999DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Townsville
DELIVERED ON:
24 September 2004
DELIVERED AT:
Brisbane
HEARING DATE:
3 June 2004
JUDGE:
Jerrard JA and Chesterman and Philippides JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Appeal allowed. Order below is varied by substituting the amount of $370,000.00 as the judgment sum in lieu of the amount of $523,481.65;
2. Appellant pay one half of the respondent’s cost of the appeal
CATCHWORDS:
TORTS – NEGLIGENCE – ROAD ACCIDENT CASES – APPORTIONMENT OF DAMAGES – where respondent suffered injuries when his vehicle was involved in a single car accident – where respondent was the only witness to the accident – where trial judge’s decision based on findings of credibility – whether trial judge misused his advantage in accepting respondent’s account
TORTS – NEGLIGENCE – ROAD ACCIDENT CASES – APPORTIONMENT OF DAMAGES – where respondent suffered physical injuries in accident and subsequently suffered psychiatric injuries – where trial judge awarded damages for economic loss on basis that respondent had been discharged from the army because of his injuries – whether trial judge erred in so concluding – whether discharge resulted from misconduct of the respondent
Uniform Civil Procedure Rules 1999 (Qld), r 770(3)
Beard v Richmond & Ors (1987) Aust Torts Reports 80-129, distinguished
Devries v Australia National Railways Commission (1993) 177 CLR 472
Fox v Percy (2003) 77 ALJR 989, distinguishedState Rail Authority of NSW v Weigold (1991) 25 NSWLR 500, applied
COUNSEL:
P A Keane QC, with K N Wilson SC, for the appellant
J A Griffin QC, with P C Lafferty, for the respondent
SOLICITORS:
Walsh Halligan Douglas for the appellant
Roati and Firth for the respondent
JERRARD JA: In this appeal I have read and respectfully agree with the reasons for judgment of Philippides J, which held that the appellant fails to overturn the decision on liability. I add the following comments.
As Philippides J recounts, a decision to discharge the respondent on disciplinary grounds was made on 20 October 1999 and his discharge was delayed until the receipt of the FMB (Final Medical Board) assessment. That was received on 26 October 1999, assessing the plaintiff as grade 4, which would also result in an inevitable and immediate discharge. But since a decision had been made to discharge him on disciplinary grounds, then unless the conduct constituting those grounds was related to his psychiatric condition and therefore to the accident, it is simply unfortunate for the respondent that his physical injuries and the resultant grade 4 assessment would have resulted in his discharge on medical grounds in any event.
It is undeniable that the respondent would have suffered the loss of his army…
Continue reading Bailey v Nominal Defendant
Sign in free to access the full text
- AGLC
- Bailey v Nominal Defendant [2004] QCA 344
- Case
- [2004] QCA 344
- Decision Date
CaseChat Overview and Summary
The court was required to determine if the trial judge had misused his advantage in accepting the respondent's account as the sole narrative of the accident. Additionally, the court examined whether the trial judge correctly assessed the economic loss damages, particularly if the respondent's discharge from the army was due to misconduct or his injuries. The court's task was to review the trial judge's findings on credibility and the resultant economic loss damages, ensuring they were legally sound and supported by the evidence.
The court concluded that the trial judge had misused his advantage by failing to sufficiently scrutinise the respondent's credibility. The court found that the trial judge erred in awarding damages for economic loss, as the respondent's discharge from the army was due to misconduct rather than his injuries. The appeal was allowed, and the judgment sum was reduced from $523,481.65 to $370,000.00. The appellant was ordered to pay half of the respondent's costs of the appeal.
Orders
Orders of the court
1. Appeal allowed. Order below is varied by substituting the amount of $370,000.00 as the judgment sum in lieu of the amount of $523,481.65;
2. Appellant pay one half of the respondent’s cost of the appeal
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.