Dodd v O'Meara & AAI Limited

Case [2017] QDC 226


DISTRICT COURT OF QUEENSLAND

CITATION: 

Dodd v O’Meara & AAI Limited [2017] QDC 226

PARTIES: 

PAUL ANTHONY DODD (plaintiff)

v

ANDREW O’MEARA (first defendant)

AND

AAI LIMITED  (ABN 48 005 297 807) TRADING AS AUSTRALIAN ASSOCIATED MOTOR INSURERS (second defendant)

FILE NO/S:

DC No 4725/11 of 2017

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT: 

District Court at Brisbane

DELIVERED ON:

13 September 2017

DELIVERED AT:

Brisbane

HEARING DATE: 

29-31 August 2017

JUDGE:

Porter QC DCJ

ORDER:

1.   Proceedings be dismissed.

2.   Plaintiff pay the defendants’ costs including reserve

costs on the standard basis.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – DISMISSAL OF PROCEEDINGS – where the plaintiff sought damages for personal injuries – where liability was not in dispute – where the plaintiff did not comply with all of the orders relating to the further steps to be taken to progress the litigation – where plaintiff gave evidence in chief but refused to attend for completion of cross examination – where the plaintiff then dismissed his solicitors and filed a notice acting in person – where the plaintiff applied for an adjournment of the trial to obtain new representation – where following dismissal of the adjournment application the plaintiff declined to continue prosecute his case and left the court room – whether proceedings should be dismissed pursuant to Rule 658(1) UCPR.

Legislation

District Court of Queensland Act 1967 s 69.
Evidence Act 1977 s 39R.
UCPR r 547, r 658(1).

Cases
Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175.
Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited (2013) 250 CLR 303.
Hamond v NSW [2011] NSWCA 375.
In Marriage of F (2001) 161 FLR 189.
Lee v The Queen (1998) 195 CLR 594.
Linprint Pty Ltd v Hexham Textiles Pty Ltd (1991) 23 NSWLR 518.
Mango Boulevard Pty Ltd v Spencer [2010] QCA 207.
MBL v JP [2011] QCA 220.
McWhinney v Melbourne Health (2011) 31 VR 285.
Minogue v HREOC (1999) 84 FCR 438.
Neill v Nott (1994) 121 ALR 148.
Rajski v Scitec Corporation Ltd (Unreported NSWCA No 146 of 1986).
Ross v Hallam [2011] QCA 92.
Szrur v Minister for Immigration 216 FCR 445.
Thomson v Smith [2005] QCA 446.
Trkulja v Markovic [2015] VSCA 298.

COUNSEL:

Mr Smith for the plaintiff

Mr Crow QC for the defendants

SOLICITORS:

Parker Simmons for the plaintiff (Day 1 and 2 of the trial)
The plaintiff in person (Day 3)
Jensen McConaghy for the second defendant

Introduction

  1. In this proceeding, the plaintiff, Mr Dodd, sought damages for personal injuries which he alleged were caused by a motor vehicle accident which occurred on 26 December 2007.

  2. The trial commenced on Tuesday 29 August 2017.  Liability was not in dispute.  On Tuesday afternoon, Mr Crow QC, counsel for the defendants, commenced cross examination of Mr Dodd.  After lunch on…

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Details
AGLC
Dodd v O'Meara and AAI Limited [2017] QDC 226
Case
[2017] QDC 226
Decision Date

CaseChat Overview and Summary

The case of Dodd v O'Meara & AAI Limited involved a plaintiff who sought damages for personal injuries, with the issue of liability not being contested. The defendants applied for the dismissal of the plaintiff's proceedings under Rule 658 of the Uniform Civil Procedure Rules 1999 (NSW). The plaintiff had initially given evidence but refused to attend for cross-examination. After dismissing an application for an adjournment, the plaintiff left the courtroom and chose not to continue with the case.

The court had to determine whether the proceedings should be dismissed due to the plaintiff's non-compliance with procedural orders and his subsequent abandonment of the case. The primary focus was on whether the plaintiff's actions warranted a dismissal under Rule 658(1) UCPR, which empowers the court to dismiss proceedings if it appears to the court that the plaintiff is not prosecuting the proceeding with reasonable expedition or is otherwise failing to comply with the rules.

The court found that the plaintiff's failure to complete the required steps, including refusing to attend for cross-examination and subsequently leaving the courtroom after the dismissal of an adjournment application, amounted to a lack of reasonable expedition and a failure to comply with the rules. The court held that these actions warranted the dismissal of the proceedings. In light of this, the court ordered that the proceedings be dismissed and that the plaintiff pay the defendants' costs, including reserve costs, on the standard basis.

Orders

Orders of the court

1. Proceedings be dismissed.

2. Plaintiff pay the defendants’ costs including reserve

costs on the 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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