Beardsley v Loogatha

Case [2001] QCA 438


SUPREME COURT OF QUEENSLAND

CITATION:

Beardsley v Loogatha [2001] QCA 438

PARTIES:

SERRENA FAYE BEARDSLEY
(plaintiff/appellant)
v
ANNETTE TRACEY LOOGATHA
(defendant/respondent)

FILE NO/S:

Appeal No 5823 of 2001
DC No 2230 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:


District Court at Brisbane

DELIVERED ON:

26 October 2001

DELIVERED AT:

Brisbane

HEARING DATE:

20 August 2001

JUDGES:

McMurdo P, Williams JA and Holmes J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.

ORDER:

1.   Appeal allowed.

2.   Set aside the order made 21 June 2001 and substitute an order that the respondent pay the applicant the sum of $67,500 as compensation for the injuries suffered by the applicant because of the offence of grievous bodily harm committed upon her by the respondent.

3.   The respondent to pay the appellant’s costs of the appeal to be assessed.

4. Grant the respondent an indemnity certificate under s 15 Appeal Costs Fund Act 1973 (Qld).

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND –whether necessary that nervous shock suffered by “over and above” the ordinary reaction to the injury –whether injury to the eye and mental and nervous shock were sufficient distinct injuries to warrant assessment under separate relevant items under the compensation table

PROCEDURE – INFERIOR COURTS – QUEENSLAND – DISTRICT COURT – APPEAL AND NEW TRIAL – APPEAL TO SUPREME COURT – PRACTICE – LEAVE TO APPEAL – whether leave to appeal required under s 118(2) District Court Act 1967 where the amount claimed is equal to or more than the Magistrates Court jurisdictional limit of $50,000

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – WHEN GRANTED – whether s 31 Criminal Offence Victims Act 1973 (Qld) precludes the court from granting the respondent an indemnity certificate under s 15 Appeal Costs Fund Act 1973 (Qld)

Appeal Costs Fund Act 1973 (Qld), s 15
Court Reform Amendment Act 1997 (Qld)
Criminal Offence Victims’ Act 1995 (Qld), s 31
District Court Act 1967 (Qld), s 118.

HW v LO [2001] 2 Qd R 415; [2000] QCA 377, cited
R v Kazakoff ex parte Ferguson [2001] 2 Qd R 320, followed
MR v Webb [2001] QCA 113; Apeal No 4166 of 2000, 6 March 2001, cited
R v Tamcelik, ex parte Ozcan [1998] 1 Qd R 330, considered

COUNSEL:

A J Kimmins for the appellant
M D Hinson SC as amicus curiae for the Attorney-General
No appearance for the respondent

SOLICITORS:

Price & Roobottom (Southport) for the appellant
No appearance for the respondent

  1. cMURDO P:M  I agree with the reasons for judgment of Holmes J and with the additional comments of Williams JA.

  1. The appellant succeeded on a question of law. The issue arises as to whether costs of…

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AGLC
Beardsley v Loogatha [2001] QCA 438
Case
[2001] QCA 438
Decision Date

CaseChat Overview and Summary

In the matter of Beardsley v Loogatha, the appellant sought compensation for injuries sustained due to grievous bodily harm inflicted by the respondent. The case was initially heard and determined in the District Court of Queensland, where the court ordered the respondent to pay $67,500 in compensation to the appellant. The respondent appealed this decision to the Supreme Court of Queensland. The appeal raised questions about the nature and extent of the compensation owed, including whether the nervous shock experienced by the appellant was an injury distinct from the physical injury to her eye, and thus warranting separate compensation under the relevant statutory compensation table. Additionally, the appeal questioned the legal requirements for the respondent to obtain leave to appeal from the District Court and the applicability of the Appeal Costs Fund Act 1973 (Qld) in granting an indemnity certificate to the respondent.

The Supreme Court addressed the issues by first clarifying that the nervous shock experienced by the appellant, while exacerbated by the injury to her eye, constituted a separate injury that could be compensated under the compensation table. The court determined that the injury to the eye and the mental and nervous shock were sufficiently distinct to warrant separate assessment. Regarding the procedural matters, the court found that leave to appeal was not necessary under section 118(2) of the District Court Act 1967 (Qld) as the amount claimed did not exceed the Magistrates Court's jurisdictional limit. Furthermore, the court ruled that section 31 of the Criminal Offence Victims Act 1973 (Qld) did not preclude the granting of an indemnity certificate under section 15 of the Appeal Costs Fund Act 1973 (Qld).

The Supreme Court allowed the appeal, set aside the earlier order, and substituted it with an order for the respondent to pay the appellant $67,500 in compensation. The respondent was also ordered to pay the appellant's costs of the appeal. Additionally, the court granted the respondent an indemnity certificate under section 15 of the Appeal Costs Fund Act 1973 (Qld).

Orders

Orders of the court

1. Appeal allowed.

2. Set aside the order made 21 June 2001 and substitute an order that the respondent pay the applicant the sum of $67,500 as compensation for the injuries suffered by the applicant because of the offence of grievous bodily harm committed upon her by the respondent.

3. The respondent to pay the appellant’s costs of the appeal to be assessed.

4. Grant the respondent an indemnity certificate under s 15 Appeal Costs Fund Act 1973 (Qld).

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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