SUPREME COURT OF QUEENSLAND
CITATION:
Cameron v RACQ Insurance Limited [2013] QSC 124
PARTIES:
GARY CAMERON by his Litigation Guardian FAYE RAWLINSON
(applicant)
v
RACQ INSURANCE LIMITED (ABN 50 009 704 152)
(respondent)FILE NO:
3476 of 2013
DIVISION:
Trial Division
PROCEEDING:
Originating Application
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
15 May 2013
DELIVERED AT:
Brisbane
HEARING DATE:
30 April 2013
JUDGE:
Applegarth J
ORDER:
Order as per draft
CATCHWORDS:
INSURANCE – MOTOR VEHICLES – COMPULSORY THIRD PARTY INSURANCE AND LIKE SCHEMES – GENERALLY – QUEENSLAND – where the applicant was injured in a motor vehicle accident – where the applicant requests information pursuant to s 47 of the Motor Accident Insurance Act 1994 (Qld) – where the respondent declined the request – whether an order should be made requiring the respondent to provide requested information
Motor Accident Insurance Act 1994 (Qld), s 35, s 47
Faraji v Dambarage [2012] QDC 137, cited
Gitsham v Suncorp Metway Insurance Ltd [2002] QCA 310; [2003] 2 Qd R 251, cited
Suncorp Metway Insurance Ltd v Brown [2004] QCA 325; [2005] 1 Qd R 204, cited
Suncorp Metway Insurance Ltd v Hill [2004] QCA 202; [2004] 2 Qd R 681, citedCOUNSEL:
G C Cross for the applicant
K N Wilson SC for the respondentSOLICITORS:
Colin Patino & Co for the applicant
Cooper Grace Ward for the respondent
The applicant suffered a traumatic brain injury on 26 May 2008, as a result of a collision with a truck whilst cycling to work. The accident occurred some time between 5.30 am and 6.02 am. The applicant did not have lights on his bicycle. The driver of the truck that struck the applicant apparently did not see him.
The state of light at the time of the collision is a critical issue. The precise time at which the collision occurred (and therefore the state of any daylight and/or moonlight at that time) is important. The time at which the driver of the truck made two mobile telephone calls to his employer very shortly after the incident will enable the time of the incident to be established with more precision.
The applicant has requested information from the insurer of the vehicle about the telephone calls, including production of the telephone records or a signed authority of the owner of the mobile phone that made each call so that telephone records can be supplied by the company which provided the service. The request for this information sought the cooperation of the respondent pursuant to s 47 of the
Motor Accident Insurance Act1994 (Qld) (“the Act”). The respondent insurer declined the request, and the applicant seeks orders to enforce the respondent’s statutory duty to cooperate with the claimant under s 47 of the Act.
The respondent opposes an order requiring it to provide the requested information and submits that the request:
(a) does not seek documents in the insurer’s possession;
(b) does not seek information about the circumstances of the…
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- Case
- [2013] QSC 124
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on the interpretation and application of section 47 of the Motor Accident Insurance Act 1994 (Qld). Specifically, the court had to determine whether the provisions of the Act entitled Cameron to the information he had requested, and if so, whether it was appropriate to make an order requiring RACQ to provide that information given the circumstances of the case. The court also considered the extent of discretion available to it under the relevant legislation.
In its decision, the court examined the relevant statutory provisions and concluded that Cameron was entitled to the information he had requested as it pertained directly to the circumstances of the accident and the motor accident insurance claim. The tribunal found that the information was necessary for Cameron to adequately assess and potentially pursue his claim. The court further noted that the refusal by RACQ to provide the information was unreasonable and without proper justification. Consequently, the tribunal exercised its discretion to make an order compelling RACQ to provide the requested information to Cameron.
As a result of the court's findings, an order was made requiring RACQ Insurance Limited to provide the information requested by Cameron, in accordance with the provisions of the Motor Accident Insurance Act 1994 (Qld).
Orders
Orders of the court
Order as per draft
Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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