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
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.
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
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…
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- AGLC
- Davis v Bound [2011] QDC 82
- Case
- [2011] QDC 82
- Decision Date
CaseChat Overview and Summary
The court had to determine the appropriate compensation for the plaintiffs' psychological injury, the economic loss stemming from the plaintiffs' inability to work full time, and whether aggravated damages were applicable due to the defendants' actions. Additionally, the court had to assess the claim for loss of consortium and determine the costs to be awarded to the plaintiffs.
The court found that the first plaintiff was entitled to damages for the psychological injury, which was quantified at $260,469, and the second plaintiff was awarded $12,000 for their claim. The court also held that the first defendant was liable for economic loss, resulting in an award of $235,469 to the second plaintiff. The court awarded aggravated damages and loss of consortium to the plaintiffs. The court ordered the first defendant to pay the first plaintiff’s costs on an indemnity basis and the second plaintiff’s costs on a standard basis. The second defendant was ordered to pay both plaintiffs' costs on a standard basis.
The court made specific orders for the payment of damages and costs, reflecting the extent of the plaintiffs' suffering and the defendants' liability. The court's decision provides a clear framework for the compensation owed to the plaintiffs and the financial responsibilities of the defendants.
Orders
Orders of the court
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.
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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