Ballesteros v Chidlow

[2005] QSC 280

SUPREME COURT OF QUEENSLAND

CITATION:

Ballesteros v Chidlow & Anor [2005] QSC 280

PARTIES:

MICHELLE THERESE BALLESTEROS
(plaintiff)
v
HERBERT HUGH CHIDLOW
(first defendant)
RACQ INSURANCE LIMITED  ACN 009 704 152
(second defendant)

FILE NO/S:

BS No 10080 of 2004

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

10 October 2005

DELIVERED AT:

Brisbane

HEARING DATE:

19, 20 and 25 May 2005

JUDGE:

White J

ORDER:

1.   Judgment for the Plaintiff in the sum of $99,891.

2.   The Second Defendant pay the Plaintiff’s costs of and incidental to the action to be assessed on the standard basis on the District Court Scale applicable to matters in which the sum recovered exceeds $50,000.

3.   It is certified, pursuant to Item 27(3) of the District Court Scale of Costs, that the Registrar may allow a higher amount for Item 27 costs that the Registrar considers proper in the circumstances.

CATCHWORDS:

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – REMOTENESS AND CAUSATION – OTHER MATTERS – where plaintiff a passenger in a car accident – where plaintiff resigned from employment after accident – where rent money was owed at the time of resignation – where accrued leave benefits paid upon resignation – whether as a matter of common sense and experience resignation can properly be seen to have been caused by the accident  

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – REMOTENESS AND CAUSATION – MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF ASSESSMENT – GENERALLY – calculation of injury scale value (“ISV”) pursuant to requirements of the Civil Liability Act 2003 – where multiple injuries – where each injury defined and assessed – where dominant injury identified – whether an uplift of 25 per cent in the ISV assessment appropriate

Civil Liability Act 2003 (Qld), s 51, s 60, s 61, s 62
Civil Liability Regulation 2003 (Qld), s 6, schedule 3, schedule 7
Motor Accident Insurance Act 1994 (Qld), s 55B, s 55D,
s 55E
Personal Injuries Proceedings Act 2002 (Qld), s 54

Coop v Johnston [2005] QDC 079, cited
Grice v State of Queensland [2005] QCA 272, followed
Medlin v State Government Insurance Commission (1994-1995) 182 CLR 1, applied

COUNSEL:

Mr M Grant-Taylor SC with him Mr P Feeley for the plaintiff
Mr R J Douglas SC for the defendants

SOLICITORS:

McInnes Wilson for the plaintiff
Hunt & Hunt for the defendants

1. The plaintiff was injured when the Toyota Corolla

   sedan driven by her mother,

   
   

   Mrs Glenice Croft, struck the motor vehicle driven by the first defendant at an intersection at Dutton Park on 18 February 2003.  The plaintiff, then aged nearly

   
   

   35 years, was a back seat passenger.  The first defendant has admitted liability for the collision. 

1. The principle issues for resolution are the extent to which the injuries sustained by the plaintiff were the cause of her resignation from her employment as an administrative officer in the Queensland Public…