DISTRICT COURT OF QUEENSLAND
CITATION:
Dukker v Challenge Recruitment Limited [2011] QDC 108
PARTIES: Lauren Dukker
(Plaintiff)
vChallenge Recruitment Limited
(Defendant)FILE NO/S:
2083 of 2010
DIVISION:
Trial
PROCEEDING:
Trial
ORIGINATING COURT:
District Court, Brisbane
DELIVERED ON:
23 June 2011
DELIVERED AT:
Brisbane
HEARING DATE:
17 and 18 March 2011
JUDGE:
A/Judge Farr SC, DCJ
ORDER:
1. The plaintiff’s claim is dismissed.
CATCHWORDS:
INSURANCE – THE POLICY – insurance benefit – total and permanent disablement benefit – whether the plaintiff’s disability became total and permanent while she was engaged in regular remunerative work for the defendant or within six months of the cessation of that regular remunerative work – plaintiff failed to establish that her disability became total and permanent within the terms of the policy
INSURANCE – THE POLICY – insurance benefit – total and permanent disablement benefit – whether AMP would have paid out on the total and permanent disability policy if the relevant form had been submitted promptly by the employer – plaintiff failed to establish AMP would have paid out on the claim
TORTS – NEGLIGENCE – ESSENTIALS FOR ACTION FOR NEGLIGENCE – DUTY OF CARE – SPECIAL RELATIONSHIPS AND DUTIES – EMPLOYER AND EMPLOYEE – WHERE ECONOMIC OR FINANCIAL LOSS – whether defendant employer breached duty of care to plaintiff employee to not cause financial loss to the plaintiff – where the defendant’s delay in submitting questionnaire to AMP was a failure to act reasonably and financial loss to the plaintiff was foreseeable, however the defendant’s actions did not in fact cause financial loss to the plaintiff
Kilvington v Grigg & Ors [2010] QDC 496 at [58] – [60] per McGill J, cited
Caltex Oil (Australia) Pty Ltd v The Dredge ‘Willemstad’ (1976) 136 CLR 529 at [104] per McHugh J, cited
Fortuna Seafoods Pty Ltd v The Ship ‘External Wind’ [2008] 1 Qd R 429 at 437 [6] per McMurdo P, cited
Perre v Apand Pty Ltd (1999) 198 CLR 180, cited
Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515 at [74] per McHugh J, cited
United Superannuation Pty Ltd v Harrison [2001] FCA 1468 at [49] – [50] per Wilcox J, followed
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS – GENERALLY - whether there is an implied term of the contract between the plaintiff employee and the defendant employer that the defendant will act in good faith and not in a manner such as to damage the relationship of confidence and trust between employer and employee – the authorities lean to the existence of such an implied term in a contract of employment – the defendant may owe a duty to the plaintiff pursuant to an implied term to promptly forward forms to AMP for the purpose of arranging insurance cover –however dishonest conduct on the part of the plaintiff in giving false answers offends the implied term that the parties act in good faith in a relationship of…
Keep reading for free
Create a free CaseChat account to read Dukker v Challenge Recruitment Limited and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2011] QDC 108
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding whether the plaintiff's disability met the criteria for a total and permanent disablement benefit under the policy, specifically whether the disability became total and permanent while she was engaged in regular remunerative work for the defendant or within six months of the cessation of that work. Additionally, the court needed to determine if the defendant employer breached its duty of care by delaying the submission of the relevant form to the insurer, thereby potentially causing the plaintiff financial loss.
The court found that the plaintiff did not establish that her disability became total and permanent within the terms of the insurance policy. Furthermore, the court held that while the defendant's delay in submitting the questionnaire to the insurer was a failure to act reasonably and the financial loss to the plaintiff was foreseeable, the delay did not in fact cause the financial loss to the plaintiff. Consequently, the plaintiff's claim was dismissed. The court was satisfied that the defendant's actions did not result in the plaintiff suffering the financial loss she sought to recover.
The court concluded that the plaintiff's claim is dismissed and indicated that submissions on costs would be heard.
Orders
Orders of the court
1. The plaintiff’s claim is dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.