SUPREME COURT OF QUEENSLAND
CITATION: Hopkins v WorkCover Qld [2004] QCA 155 PARTIES: SHANE WILLIAM HARRY HOPKINS
(plaintiff/respondent)
v
WORKCOVER QUEENSLAND
(defendant/appellant)FILE NO/S: Appeal No 8105 of 2003
SC No 2 of 2001DIVISION: Court of Appeal PROCEEDING: General Civil Appeal ORIGINATING
COURT:Supreme Court at Maryborough DELIVERED ON: 14 May 2004 DELIVERED AT: Brisbane HEARING DATE: 16 February 2004 JUDGES: McMurdo P, McPherson JA and Mackenzie J
Separate reasons for judgment of each member of the Court,
each concurring as to the orders madeORDERS: 1. Appeal dismissed
2. Appellant to pay the respondent's costs of and incidental to the appeal to be assessed
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW – PARTICULAR MATTERS – OTHER CASES – Conduct of Trial – whether conduct of trial departed from pleadings – where aspects of evidence at trial not addressed upon – whether they may be relied on in appeal
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF ASSESSMENT – GENERALLY – whether trial judge erred in failing to discount sum for past economic loss - whether adequate allowance for vicissitudes of life and probability that degenerative spine would have affected respondent’s capacity to work – whether award for future economic loss within range of a proper exercise of discretion
WorkCover Queensland Act 1996 (Qld), s 285 Coulton v Holcombe (1986) 162 CLR 1, cited Franklin v Rabmusk Pty Ltd [1993] 1 QdR 258, cited
Gould v Mt Oxide Mines Ltd (in liq) (1916) 22 CLR 490,
cited
Malec v J C Hutton Pty Ltd (1990) 169 CLR 638, followed
Purkess v Crittenden (1965) 114 CLR 164, cited
University of Wollongong v Metwally (No 2) (1985) 59 ALJR
481, cited
Water Board v Moustakas (1988) 62 ALJR 209, cited
Watts v Rake (1960) 108 CLR 158, cited
Wilson v Peisley (1975) 7 ALR 571, followedCOUNSEL: D V McMeekin SC for the appellant
M Grant-Taylor SC for the respondentSOLICITORS: Bell Dixon Butler for the appellant
Arnell and Cooper as Town Agents for McDuff and Daniel
for the respondent
McMURDO P: I have read the reasons for judgment of Mackenzie J in which the facts and issues are set out. I will repeat only those necessary to explain my own reasons for agreeing that the appeal should be dismissed.
I agree with Mackenzie J that because the issues raised on appeal were litigated at trial, the appellant is not precluded from arguing those issues on appeal by the admissions in its pleading.
The appellant contends, first, that the learned primary judge erred in adopting the figure of $642 per week as the hypothetical earning capacity of the respondent had he not been injured. I agree with Mackenzie J's reasons for concluding that the finding was open on the evidence.
The appellant next contends that the learned primary judge did not sufficiently…
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- Case
- [2004] QCA 155
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide involved whether the conduct of the trial departed from the pleadings and whether evidence presented at trial that was not addressed in the pleadings could be relied upon in the appeal. The plaintiff argued that the trial had deviated from the pleadings, and that the evidence presented should not be considered in the appeal. The defendant, WorkCover Queensland, contended that the trial was conducted properly and that all relevant evidence should be considered.
The court found that the trial had not departed from the pleadings in a manner that warranted interference with the discretion of the trial court. The court reasoned that the issues raised by the plaintiff had been adequately addressed during the trial, and that there was no basis for excluding the evidence presented. The court held that it would not interfere with the trial court's discretion, as the evidence presented was relevant to the issues at hand and did not prejudice the defendant. Consequently, the appeal was dismissed, and the original decision of the trial court was upheld.
Orders
Orders of the court
1. Appeal 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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