SUPREME COURT OF QUEENSLAND
CITATION:
Brown v Holzberger & AAI Limited [2017] QSC 54
PARTIES:
ASHLEY DAVID BROWN
(plaintiff)
v
ROBERT WILLIAM HOLZBERGER
(first defendant)
And
AAI LIMITED ABN 48 005 297 807 TRADING AS SUNCORP INSURANCE
(second defendant)FILE NO/S:
S5 of 2016
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court of Queensland at Bundaberg
DELIVERED ON:
12 April 2017
DELIVERED AT:
Rockhampton
HEARING DATE:
20, 21, 22, 23 and 31 March 2017
JUDGE:
McMeekin J
ORDER:
Judgment for the second defendant
CATCHWORDS:
TORTS – NEGLIGENCE – ROAD ACCIDENT – LIABILITY OF DRIVERS OF VEHICLES – INTERSECTIONS AND JUNCTIONS – where plaintiff’s motorcycle collided with defendant’s car causing plaintiff to suffer serious injuries resulting in below knee amputation – where plaintiff alleges defendant’s negligence caused the accident – whether plaintiff has discharged onus of demonstrating that the accident occurred because of negligence on the part of the first defendant.
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – MULTIPLE INJURIES – GENERAL PRINCIPLES – assessment of damages pursuant to the Civil Liability Act (2003) –– where the assessment of general damages is in issue – where the assessment of past and future economic loss is in issue – where the assessment of past and future care is in issue.
Civil Liability Act 2003 (Qld) s 55, s 57(2), s 59, s 62
Civil Liability Regulation 2014(Qld)
AAI Limited v McQuitty [2016] QCA 326, cited
AAI Limited & Anor v Marinkovic [2017] QCA 54, cited
Adelaide Chemical and Fertilizer Co Ltd v Carlyle (1940) 64 CLR 514, cited
Allianz Australia Insurance Ltd v McCarthy [2012] QCA 312, cited
Allwood v Wilson & Anor [2011] QSC 180, applied
Ballesteros v Chidlow & Anor [2006] QCA 323, cited
CSR v Eddy (2005) 226 CLR 1, cited
Eaton v Nominal Defendant [1995] QCA 435, considered
Graham v Baker (1961) 106 CLR 340, considered
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638, applied
Medlin v State Government Insurance Commission (1995) 182 CLR 1, cited
Nucifora & Another v AAI Limited [2013] QSC 338, considered
Paul v Rendell (1981) 55 ALJR 371, cited
Pollitt v The Queen (1992) 174 CLR 558, followed
Ratten v The Queen [1972] AC 378, cited
Reardon-Smith v Allianz Australia Insurance Ltd [2007] QCA 211, cited
Ross v Hamilton [1997] QSC 170, cited
Shaw v Menzies & Anor [2011] QCA 197, considered
Sydney Electricity Authority v Giles (1993) NSW CCR 700, considered
The Queen v Andrews [1987] AC 281, cited
Vocisano v Vocisano (1974) 130 CLR 267, cited
Walton v The Queen (1989) 166 CLR, considered
COUNSEL:
T Matthews QC with A Williams for the plaintiff
GF Crow QC for the second defendant
SOLICITORS:
Baker O’Brien & Toll for the plaintiff
Quinlan Miller & Treston for the second defendant
McMEEKIN J: Ashley David Brown suffered serious injuries,…
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- Case
- [2017] QSC 54
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the plaintiff had discharged the burden of proof to demonstrate that the accident was caused by the negligence of the first defendant. This involved examining the circumstances of the collision and determining whether the first defendant breached any duty of care that resulted in the plaintiff's injuries. Additionally, the court had to assess the measure of damages for the plaintiff’s injuries, including general damages, past and future economic loss, and past and future care costs. The court was required to apply the principles of the Civil Liability Act (2003) to determine the appropriate compensation for the plaintiff.
The court found that the plaintiff had not successfully demonstrated that the accident was due to the negligence of the first defendant. The evidence did not support the plaintiff's claim that the first defendant breached a duty of care, leading to the collision. Consequently, the court held that the first defendant was not liable for the accident. As a result, the plaintiff’s claims against both the first defendant and the second defendant were dismissed. The court concluded that the plaintiff had failed to discharge the onus of proof, and therefore, no damages were awarded. The judgment resulted in a complete victory for the second defendant, with no liability or damages awarded to the plaintiff.
Orders
Orders of the court
Judgment for the second defendant
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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