Goode v Thompson

[2002] QCA 138

SUPREME COURT OF QUEENSLAND

CITATION:

Goode v Thompson and Suncorp Metway Insurance Limited [2002] QCA 138

PARTIES:

CHRISTOPHER DANIEL GOODE (by his litigation guardian, TRACEY ANNE GOODE)
(plaintiff/respondent)
v
YVONNE MARY THOMPSON
(first defendant/not a party to the appeal)
SUNCORP METWAY INSURANCE LIMITED
(formerly Suncorp General Insurance Limited)
ACN 075 695 966
(second defendant/appellant)

FILE NO/S:

Appeal No 6802 of 2001
SC No 5829 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

19 April 2002

DELIVERED AT:

Brisbane

HEARING DATE:

26 March 2002

JUDGE:

Davies JA, Mullins and Holmes JJ
Judgment of the Court

ORDER:

1.   Para 1 of the judgment of Ambrose J dated 2 July 2001 be varied by deleting the sum of $3,837,058.48 and inserting in lieu the sum of $3,760,750.18.

2.   The appeal otherwise be dismissed.

3.   The respondent repay to the appellant the sum of $76,308.30 together with interest at 5.2% per annum from 26 July 2001 to the date of repayment.

4.   The appellant pay the respondent’s costs of the appeal to be assessed.

CATCHWORDS:

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF ASSESSMENT – NON-PECUNIARY DAMAGES – PAIN AND SUFFERING – whether the assessment of general damages was manifestly excessive

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF ASSESSMENT – LOSS OF EARNINGS AND EARNING CAPACITY – LEGAL PRINCIPLES – whether the discount rate for contingencies of 15% in calculating future economic loss was insufficient

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF ASSESSMENT – VOLUNTARY OBLIGATIONS  –  whether the assessment of damages for future care was manifestly excessive – whether the agency fee payable to a commercial provider of care services is part of the market cost of future care services anticipated to be provided by relatives of the injured plaintiff

Motor Accident Insurance Act 1994 (Qld), s 55D

Supreme Court Act 1995 (Qld), s 16(1), s 48

Griffiths v Kerkemeyer (1977) 139 CLR 161, applied Grincelis v House (1998) 84 FCR 190, applied Grincelis v House (2000) 201 CLR 321, applied Kars v Kars (1995) Aust Torts Reports 81-369, applied Van Gervan v Fenton (1992) 175 CLR 327, applied

COUNSEL:

M Grant-Taylor SC for the appellant
SC Williams QC, with RJ Lynch, for the respondent

SOLICITORS:

Suncorp Metway Insurance Limited for the appellant
McInnes Wilson for the respondent

1. THE COURT: The respondent, who was born on 23 March 1984, was 12½ years old when he suffered severe injuries when struck by a motor vehicle insured by the appellant.  The appellant appeals from various aspects of the assessment of damages undertaken after the trial of the action at which it was found that liability for the accident should be apportioned, as to 80%, to the driver of the motor…