Cabato v Paltridge

Case [2025] QDC 59


DISTRICT COURT OF QUEENSLAND

CITATION:

Cabato v Paltridge and Another [2025] QDC 59

PARTIES:

DARWIN CABATO
(Plaintiff)

v
GREGORY STUART PALTRIDGE

(First Defendant)

And

ALLIANZ AUSTRALIA INSURANCE LIMITED
(Second Defendant)

FILE NO:

DC 83 of 2021

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

21 May 2025

DELIVERED AT:

HEARING DATES:

Southport

 31 March – 4 April; 28 April 2025 (written submissions dated 17 and 22 April 2025)

JUDGE:

Holliday KC DCJ

ORDER:

1.   Judgment for the plaintiff in the sum of $73,663.91

2.   Unless the parties can agree on costs, submissions on costs from both parties, limited to no more than five pages must be exchanged and filed no later than 4.00pm on 28 May 2025.

3.   Any reply to those submissions, limited to no more than three pages, must be exchanged and filed no later than 4.00pm on 30 May 2025.

4.   Liberty to apply.

CATCHWORDS:

DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL DAMAGES – where the plaintiff suffered injuries in an accident where he was riding a bicycle and was struck by the first defendant’s vehicle – where liability is agreed with the plaintiff being 25 percent contributory negligent – where damages are assessed under the Civil Liability Act 2003 (Qld) – where there is a dispute as to the injuries caused by the accident – where there is a dispute as to the consequences of the injuries caused by the accident

DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – PAST AND FUTURE ECONOMIC LOSS – where the effect on employment is in issue

LEGISLATION: 

Civil Liability Act 2003 (Qld) ss 55, 61, 62

Civil Liability Regulation 2014 (Qld) s 9, schedule 4

CASES:

Bell v Mastermyne Pty Ltd [2008] QSC 331
Baldock-Davis v Popham & Anor [2023] QSC 24
Allwood v Wilson and Anor [2011] QSC 180
Foster v Carter and Anor [2017] QSC 135
Goodfellow v Clarke [2015] QDC 193
Cook v Bowen and Anor [2007] QDC 108
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Norman v Hird and Anor [2025] QDC 44
Nichols v Curtis & Anor [2010] QCA 303
Allianz Australia Insurance Limited v McCarthy [2012] QCA 312
Evans v Williams & Anor [2018] QDC 210
O’Connor v Wright [2021] QDC 173
Hoveydai v Mak & Anor [2021] QSC 16

COUNSEL:

M Lazinski for the plaintiff

R Morton for the defendants

SOLICITORS:

Southern Gold Coast Lawyers for the plaintiff

McInnes Wilson Lawyers for the defendants

Introduction

The accident

Plaintiff’s credibility

Issues

Whether the plaintiff suffered injury to the neck and if so, what is the nature and extent of any such injury.

Whether the plaintiff suffered an injury to his lumbar spine and if so, what is the nature and extent of any such injury.

Whether the plaintiff suffered an injury of a psychiatric nature

The nature and extent of the injuries to the left and right knees

The nature and extent of the injuries to the head

General damages

Economic loss

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Details
AGLC
Cabato v Paltridge [2025] QDC 59
Case
[2025] QDC 59
Decision Date

CaseChat Overview and Summary

In the matter of Cabato versus Paltridge, the plaintiff sought damages for injuries sustained when he was struck by the first defendant’s vehicle while riding his bicycle. Both parties have agreed that the defendant is liable, with the plaintiff being 25 percent contributory negligent. The primary dispute concerns the extent of the plaintiff's injuries and their consequences, as well as the appropriate measure of damages under the Civil Liability Act 2003 (Qld). The court was tasked with determining the correct quantification of general damages for pain and suffering, as well as past and future economic loss.

The legal issues before the court were the extent and permanence of the plaintiff's injuries and the appropriate amount of damages for both general damages and economic loss. The court had to assess the credibility of the evidence regarding the injuries, their impact on the plaintiff's life, and the extent to which these injuries were attributable to the accident. The court also needed to consider the impact on the plaintiff’s employment and earning capacity, as well as any other consequential losses. The court applied the statutory framework provided by the Civil Liability Act 2003 (Qld) to assess and quantify the damages.

The court found that the plaintiff's injuries were significant but not as severe as he claimed. It accepted that the injuries had a material impact on his life, particularly in terms of ongoing pain and reduced capacity for work. The court awarded the plaintiff $73,663.91 in total damages, taking into account his contributory negligence. This sum reflected the court’s assessment of the general damages for pain and suffering and the economic loss, both past and future. The court’s decision was based on a detailed analysis of the medical evidence, the plaintiff’s testimony, and the impact of the injuries on his ability to work and enjoy life.

The orders of the court included judgment for the plaintiff in the sum of $73,663.91. The court mandated that unless the parties could agree on costs, they must exchange and file submissions on costs by specified deadlines, with any replies to be filed within a further limited timeframe. The court also reserved the right to grant further orders if necessary.

Orders

Orders of the court

1. Judgment for the plaintiff in the sum of $73,663.91

2. Unless the parties can agree on costs, submissions on costs from both parties, limited to no more than five pages must be exchanged and filed no later than 4.00pm on 28 May 2025.

3. Any reply to those submissions, limited to no more than three pages, must be exchanged and filed no later than 4.00pm on 30 May 2025.

4. Liberty to apply.

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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