Davis & Anor v Bound & Anor

[2011] QDC 82

DISTRICT COURT OF QUEENSLAND

CITATION:

Davis & Anor v Bound & Anor [2011] QDC 82

PARTIES:

DENISE DAVIS
(First Plaintiff)

AND

GEOFFREY DAVIS
(Second Plaintiff)

AND

RAYMOND BOUND
(First Defendant)

AND

LOCHLAN-LEE BELFORD
(Second Defendant)

FILE NO/S:

BD4000/10

DIVISION:

Civil

PROCEEDING:

Claim

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

29 April 2011,  Amended on 12 May 2011 and 25 May 2011

DELIVERED AT:

Brisbane

HEARING DATE:

11 March 2011

JUDGE:

Reid DCJ

ORDER:

Judgment for the first plaintiff against the first defendant in the sum of $260,469 and against the second defendant in the sum of $235,469.  Judgment for the second plaintiff against the first defendant and the second defendant in the sum of $12,000.  Order the first defendant pay the first plaintiff’s costs of and incidental to the proceedings to be assessed on an indemnity basis and the second plaintiff’s costs to be assessed on a standard basis.  Order the second defendant pay both plaintiff’s costs of and incidental to the proceeding to be assessed on a standard basis. 

CATCHWORDS:

PSYCHOLOGICAL INJURY following murder of son – Default judgment- Assessment of damages – Inability to work fulltime-  Economic Loss – Defendant’s subsequent conduct- Aggravated damages - Loss of Consortium- indemnity costs.

Cases:

P v R [2010] QSC 139 - applied

Kirchner v ITT Water and Wastewater Ltd [2010] QSC – cited

Lebon & Lebon v Lake Placid Resort Pty Ltd & Ors [2000] QSC 049 – distinguished

State of New South Wales v Davies (1998) 43 NSWLR - cited

COUNSEL:

Roland O’Regan for the first and second plaintiffs

SOLICITORS:

Murphy Schmidt Solicitors for the first and second plaintiffs

Introduction

1. On 6 January 2008 Wayne Williams was brutally murdered by the two defendants.  They were convicted of that murder on 21 December 2009.[1]  The first plaintiff was Wayne’s mother and the second plaintiff is the husband of the first plaintiff.  As a result of her involvement in the circumstances surrounding her son’s death, the first plaintiff has developed a significant psychological injury. She has sued the defendants for damages, including aggravated and exemplary damages.  The second plaintiff has brought a claim for loss of consortium and servitium.

   [1]Their appeal to the Court of Criminal Appeal was dismissed on 15 March 2001.

1. The matter proceeded before me as an assessment of damages, the plaintiffs having obtained judgment against each of the defendants by order of Jones DCJ made on 11 February 2011. Neither defendant appeared on the hearing of the matter before me, although both had been appropriately served and notified of the hearing.

Injuries

1. A report of Dr Foxcroft, psychiatrist, of 21 February 2010 was part of Exhibit 1.  Dr Foxcroft saw the first plaintiff on 10 February 2010 and set out the following relevant history which he obtained from her:

(i)Her son’s murder was brutal and he suffered horrific injuries.

(ii)As a result of her exposure to his murder, including her attending the murder scene and identifying his body at the morgue, she developed a significant psychiatric…