Cho v Hui

[2023] QDC 155

DISTRICT COURT OF QUEENSLAND

CITATION:

Cho v Hui and Anor [2023] QDC 155

PARTIES:

KWON HYUN CHO
(plaintiff)

v

DAVID SINGEE HUI
(first defendant)

and

ALLIANZ AUSTRALIA INSURANCE LIMITED (ABN 15 000 122 850)
(second defendant)

FILE NO:

1873/22

DIVISION:

Trial Division

PROCEEDING:

Civil

DELIVERED ON:

13 September 2023

DELIVERED AT:

Brisbane

HEARING DATE:

27 and 28 April, 4 May and 12 September 2023 (written submissions dated 9 and 11 May 2023)

JUDGE:

Rosengren DCJ

ORDER:

JUDGMENT FOR THE PLAINTIFF IN THE SUM OF $55,505

CATCHWORDS:

DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL DAMAGES – where the plaintiff suffered physical injuries in a motor vehicle accident – where liability is admitted by the defendants – whether the plaintiff was a witness of credit – where damages are assessed under the Civil Liability Act 2003 (Qld) – where there is a dispute as to the consequences of the injuries caused by the accident – whether the plaintiff’s dominant injury is to his lower back – where the parties are in dispute as to the appropriate level of ISV

DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNING CAPACITY – where the effect on employment in issue – whether the evidence justified an award of economic loss – the appropriate method of allowing a global component

Little v McCarthy & Anor [2014] QSC 274

Meechan v Savco Earthmoving Pty Ltd [2021] QCA 264
New South Wales v Moss [2000] NSWCA 133
Nilon v Bezzina [1988] 2 Qd R 420
Paff v Speed (1961) 105 CLR 549

Paul & Anor v Rendell (1981) 35 ALR 569
Perfect v MacDonald & Anor [2012] QSC 11

Qantas Airways Limited v Fisher [2014] QCA 329

Reardon-Smith v Allianz Australia Insurance Ltd [2007] QCA 211

Yammine v Kalwy [1979] 2 NSWLR 151

Civil Liability Act 2003 (Qld) s 51, 55, 60(1)(a), 60(3), 62
Civil Liability Regulation 2014 (Qld) s 6, Sch 4, Sch 7

COUNSEL:

R Green for the plaintiff
M Williams for the defendants

SOLICITORS:

Emmanuel Lawyers for the plaintiff
McInnes Wilson Lawyers for the defendants

Introduction

1. In November 2020, the plaintiff and the first defendant were involved in a motor vehicle accident. The plaintiff claims he sustained injuries to his neck, shoulders and lower back.  In August last year, the plaintiff commenced this proceeding against the defendants for damages and other orders.  Liability has been admitted but quantum remains in dispute. The assessment is governed by the provisions of the Civil Liability Act 2003 (Qld) (‘the Act’) and the Civil Liability Regulation 2014 (Qld) (‘the Regulation’).

2. In April and May this year the trial was heard over three days.  The first language of the plaintiff and his wife is Korean.  They gave their evidence with the assistance of an interpreter.  The only other lay witness to give evidence was the first defendant.  Expert evidence was given by two orthopaedic surgeons, namely Drs Wallace and Fitzpatrick.  

3. Detailed written submissions have been provided by the parties.  They were supplemented with oral…