Eastlake v Capner - [2024] QSC 136

SUPREME COURT OF QUEENSLAND

CITATION:

Eastlake v Capner [2024] QSC 136

PARTIES:

Teresa Jane Eastlake

(Plaintiff)
v
Shannon Leslie Capner
(Defendant)

FILE NO/S:

473 of 2022

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:
Supreme Court of Queensland

DELIVERED EX TEMPORE ON:
16 May 2024

DELIVERED AT:

Cairns

HEARING DATE:

16 May 2024

JUDGE:

Henry J

ORDER:

1.   Judgment for the plaintiff in the amount of $364,203.72, constituted by the following awards:

(a)   In respect of pleaded event 7:

Damages   $ 45,000.00

Interest at four per cent

from 10 July 2017   $ 12,336.78

(b) In respect of pleaded event 8:

Damages   $ 45,000.00

Interest at four per cent

from 25 November 2017        $ 11,656.24

(c) In respect of pleaded event 9:

Damages   $130,000.00

Interest at four per cent

from 17 September 2018          $ 29,456.59

(d) In respect of pleaded event 10:

Damages   $ 50,000.00

Interest at four per cent

from 31 December 2013          $ 20,754.11

Exemplary damages                $ 20,000.00

CATCHWORDS:

TORT – INTERFERENCE WITH THE PERSON – FALSE IMPRISONMENT – where the plaintiff obtained default judgment on her claim for unliquidated damages for false imprisonment against the defendant – where the claim relates to the plaintiff’s mistreatment by the defendant who was her de facto partner – where the defendant was imprisoned in connection to some of the pleaded events – where neither the defendant nor the Public Trustee, as temporary manager of the defendant’s estate, filed a defence – where there was no appearance by the defendant or Public Trustee at any stage of the proceedings

DAMAGES – GENERALLY – DIFFICULTY OF ASSESSING DAMAGES – GENERALLY – where the default judgment was conditional on the damages being assessed by the Court – where the plaintiff’s claim is for general damages, aggravated damages and exemplary damages

LIMITATION OF ACTIONS – LIMITATION FOR PARTICULAR ACTIONS – GENERALLY – where the claim for one pleaded event was filed nine years after the event – where s 10 Limitations of Actions Act 1974 provides an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action arose – whether the statutory bar arises where it has not been pleaded

Limitation of Actions Act 1974 s 10

Bulsey & Anor v State of Queensland [2015] QCA 187

Camm v Salter [1992] 2 Qd R 342

Cusack v De Angelis [2008] 1 Qd R 344 at 352

Gray v Motor Accident Commission (1998) 196 CLR 1

MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657

New South Wales v Delly (2007) A Crim R 538

Price v Spoor (2021) 270 CLR 450

TCN Channel 9 Pty Ltd v Anning (2002) 54 NSWLR 333

The Commonwealth v Mewett (1997) 191 CLR 471

WorkCover Queensland v Amaca Pty Ltd & Anor (2010) 241 CLR 420

COUNSEL:
M Mylne for the Plaintiff

SOLICITORS:

O’Shea Dyer Solicitors for the Plaintiff

The plaintiff obtained default judgment on her claim for unliquidated damages for false imprisonment. That default judgment…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Eastlake v Capner

Details

AGLC: Eastlake v Capner [2024] QSC 136
Case: [2024] QSC 136
Decision Date: 16 May 2024

CaseChat Overview and Summary

Eastlake was awarded default judgment against Capner for false imprisonment and the assessment of damages. The plaintiff, Eastlake, sought damages for the mistreatment she suffered at the hands of her de facto partner, the defendant, Capner. Neither Capner nor the Public Trustee, as temporary manager of Capner’s estate, filed a defence, and neither appeared at any stage of the proceedings. The plaintiff claimed general damages, aggravated damages and exemplary damages. The default judgment was conditional on the damages being assessed by the Court.

The court was required to decide the appropriate quantum of damages to award the plaintiff. The court also needed to determine whether the statutory bar of the Limitation of Actions Act 1974 applied to one of the pleaded events, despite it not being pleaded by the plaintiff. The court found that the statutory bar did not arise where it had not been pleaded. The court found that the plaintiff had suffered considerable mental and emotional harm as a result of the defendant’s actions.

The court awarded the plaintiff $364,203.72 in damages. The court awarded damages for four pleaded events, with interest, as well as exemplary damages. The court found that the plaintiff’s claim for damages was difficult to assess due to the unique and severe nature of the events. The court found that the plaintiff’s emotional and psychological harm warranted an award of exemplary damages.

Orders

Orders of the court

1. Judgment for the plaintiff in the amount of $364,203.72, constituted by the following awards:

(a) In respect of pleaded event 7:

Damages $ 45,000.00

Interest at four per cent

from 10 July 2017 $ 12,336.78

(b) In respect of pleaded event 8:

Damages $ 45,000.00

Interest at four per cent

from 25 November 2017 $ 11,656.24

Damages $130,000.00

Interest at four per cent

from 17 September 2018 $ 29,456.59

(d) In respect of pleaded event 10:

Damages $ 50,000.00

Interest at four per cent

from 31 December 2013 $ 20,754.11

Exemplary damages $ 20,000.00

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Eastlake v Capner [2024] QSC 136
PARTIES:	Teresa Jane Eastlake (Plaintiff) v Shannon Leslie Capner (Defendant)
FILE NO/S:	473 of 2022
DIVISION:	Trial Division
PROCEEDING:	Trial
ORIGINATING COURT:	Supreme Court of Queensland
DELIVERED EX TEMPORE ON:	16 May 2024
DELIVERED AT:	Cairns
HEARING DATE:	16 May 2024
JUDGE:	Henry J
ORDER:	1. Judgment for the plaintiff in the amount of $364,203.72, constituted by the following awards: (a) In respect of pleaded event 7: Damages $ 45,000.00 Interest at four per cent from 10 July 2017 $ 12,336.78 (b) In respect of pleaded event 8: Damages $ 45,000.00 Interest at four per cent from 25 November 2017 $ 11,656.24 (c) In respect of pleaded event 9: Damages $130,000.00 Interest at four per cent from 17 September 2018 $ 29,456.59 (d) In respect of pleaded event 10: Damages $ 50,000.00 Interest at four per cent from 31 December 2013 $ 20,754.11 Exemplary damages $ 20,000.00
CATCHWORDS:	TORT – INTERFERENCE WITH THE PERSON – FALSE IMPRISONMENT – where the plaintiff obtained default judgment on her claim for unliquidated damages for false imprisonment against the defendant – where the claim relates to the plaintiff’s mistreatment by the defendant who was her de facto partner – where the defendant was imprisoned in connection to some of the pleaded events – where neither the defendant nor the Public Trustee, as temporary manager of the defendant’s estate, filed a defence – where there was no appearance by the defendant or Public Trustee at any stage of the proceedings DAMAGES – GENERALLY – DIFFICULTY OF ASSESSING DAMAGES – GENERALLY – where the default judgment was conditional on the damages being assessed by the Court – where the plaintiff’s claim is for general damages, aggravated damages and exemplary damages LIMITATION OF ACTIONS – LIMITATION FOR PARTICULAR ACTIONS – GENERALLY – where the claim for one pleaded event was filed nine years after the event – where s 10 Limitations of Actions Act 1974 provides an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action arose – whether the statutory bar arises where it has not been pleaded Limitation of Actions Act 1974 s 10 Bulsey & Anor v State of Queensland [2015] QCA 187 Camm v Salter [1992] 2 Qd R 342 Cusack v De Angelis [2008] 1 Qd R 344 at 352 Gray v Motor Accident Commission (1998) 196 CLR 1 MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 New South Wales v Delly (2007) A Crim R 538 Price v Spoor (2021) 270 CLR 450 TCN Channel 9 Pty Ltd v Anning (2002) 54 NSWLR 333 The Commonwealth v Mewett (1997) 191 CLR 471 WorkCover Queensland v Amaca Pty Ltd & Anor (2010) 241 CLR 420
COUNSEL:	M Mylne for the Plaintiff
SOLICITORS:	O’Shea Dyer Solicitors for the Plaintiff