Fine v Geier

Case [2003] QSC 73

SUPREME COURT OF QUEENSLAND

CITATION:

Fine v Geier [2003] QSC 073

PARTIES:

MALCOLM LEONARD FINE
(plaintiff)
and
ALFRED GEIER
(defendant)

FILE NO/S:

S9345 of 2001

DIVISION:

Trial Division

PROCEEDING:

Trial

DELIVERED ON:

20 March 2003

DELIVERED AT:

Brisbane

HEARING DATES:

28, 29, 30, 31 January, 3 February 2003

JUDGE:

Wilson J

ORDER:

Claim is dismissed.

Counterclaim is dismissed.

CATCHWORDS:

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – REASONABLE FORESEEABILITY OF DAMAGE – SPECIAL RELATIONSHIPS AND DUTIES – OCCUPIERS – Landlord and Tenant – Where Fire Broke Out in a Unit – Where Bars over Window Preventing Escape – Where No Smoke Detectors – Where No Firefighting Equipment – Where No Instructions as to what to do in the Event of a Fire

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – Statutory Duty of Care under the Residential Tenancies Act 1994 (Qld) – Whether Premises were in Good Repair – Whether Premises were Fit for the Tenant to Live In – Standard of Reasonableness

TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – Where Plaintiff had made Inconsistent Statements on the Cause of the Fire – Where Plaintiff and other occupant had been Smoking Cigarettes – Where Plaintiff had Injected Himself with Heroin on the Night of the Fire – Where Insufficient Evidence to Prove the Cause of Fire on the Balance of Probabilities

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS IN TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF ASSESSMENT – GENERALLY

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS IN TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNINGS AND EARNING CAPACITY – Where Plaintiff Failed to Disclose All Income to Taxation Authorities

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS IN TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNINGS AND EARNING CAPACITY – Where Plaintiff Suffers from a Drug Addiction and Hepatitis C

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS IN TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – NON-PECUNIARY DAMAGE – PAIN AND SUFFERING – LOSS OF AMENITIES OR CAPACITY FOR ENJOYMENT

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS IN TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – Griffiths v Kerkemeyer claim – Where Conflicting Evidence as to Amount of Time Spent Caring for the Plaintiff

Residential Tenancies Act 1994 (Qld), s 103(2)
Building Act 1975 (Qld), s 58

Standard Building Regulation 1993 (Qld), s 8

Northern Sandblasting Pty Limited v Harris (1997) 188 CLR 313, applied
Jones v Bartlett (2000) 205 CLR 166, applied
NSW Land & Housing Corporation v Watkins [2002] NSWCA 19, applied
Wyong Shire Council v Shirt (1980) 146 CLR 40, applied
Phillis v Daly (1988) 15 NSWLR 65, applied
Bond v Weeks [1999] 1 Qd R 134, applied
Giorginis v Kastrati (1988) 49 SASR 371, applied

Nominal Defendant v Littlewood, NSW Court of Appeal, CA…

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Details
AGLC
Fine v Geier [2003] QSC 73
Case
[2003] QSC 73
Decision Date

CaseChat Overview and Summary

The case of Fine v Geier involved a dispute between a tenant and a landlord concerning a fire that broke out in a rented unit. The tenant, Fine, brought an action against the landlord, Geier, alleging that the premises were not in a fit and safe condition due to the absence of smoke detectors, firefighting equipment, and bars over the windows that prevented escape. Fine sought compensation for injuries sustained during the fire. Geier, on the other hand, argued that Fine's own actions contributed to the fire and that his injuries were not solely due to the premises' condition.

The central legal issues in this case revolved around the existence of a duty of care owed by the landlord to the tenant, the foreseeability of the damage, and the extent to which Fine's own actions contributed to the injuries he sustained. The court had to determine whether the premises were in good repair and fit for habitation under the Residential Tenancies Act 1994 (Qld), and if the landlord breached any statutory duty of care. Additionally, the court examined Fine's contributory negligence and the measure and remoteness of damages, including the assessment of loss of earnings and earning capacity, non-pecuniary damages, and the impact of Fine's drug addiction and hepatitis C on his injuries.

The court found that the landlord did not owe a duty of care in the circumstances, as the absence of safety measures did not render the premises unfit for habitation. The court also held that Fine's contributory negligence, including his inconsistent statements about the cause of the fire and his own actions on the night of the incident, played a significant role in his injuries. Regarding damages, the court concluded that Fine's drug addiction and hepatitis C, along with his failure to disclose all income to taxation authorities, impacted the assessment of loss of earnings and earning capacity. The court further determined that the evidence regarding the extent of care provided by Fine's partner was conflicting.

Ultimately, the court dismissed both Fine's claim and Geier's counterclaim, finding that Fine's injuries were not solely attributable to the landlord's alleged breaches of duty, and that Fine's own actions contributed significantly to the outcome.

Orders

Orders of the court

Claim is dismissed.

Counterclaim is dismissed.

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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