Hunold v Twinn

Case [2018] QDC 43


DISTRICT COURT OF QUEENSLAND

CITATION:

Hunold v Twinn & Anor [2018] QDC 43

PARTIES:

KRIS DONALD HUNOLD

(Plaintiff)

v

PAUL TWINN

(First Defendant)

and

THE STATE OF QUEENSLAND

(Second Defendant)

FILE NO/S:

BD4952 of 2014

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

23 March 2018

DELIVERED AT:

Brisbane

HEARING DATES:

17, 18, 19 July and 1 September 2017

Final submissions received 3 October 2017

JUDGE:

Muir DCJ

ORDER:

1.       Judgment for the plaintiff in the sum of $27,500.

CATCHWORDS:

TORTS – ASSAULT AND BATTERY – PERSONAL INJURIES – where plaintiff was injured during course of arrest – where liability and quantum are in dispute – whether force used was ‘reasonably necessary’ to affect arrest – whether force was lawful per s 615 Police Powers and Responsibilities Act 2000 (Qld) – nature of injuries – whether injury is ongoing – whether psychiatric injury suffered and related

DAMAGES – PERSONAL INJURIES – QUANTUM – where symptoms are not corroborated by medical evidence – consideration of the possibility of diminished earning capacity – assessment of general and future damages

LEGISLATION:

Police Powers and Responsibilities Act2000 (Qld), ss 365, 615
Summary Offences Act 2005 (Qld), s 6
Uniform Civil Procedure Rules 1999 (Qld)
Criminal Code 1899 (Qld), s 1
Police Service Administration Act 1990 (Qld), s 10.5
Civil Liability Act2003 (Qld) (Reprint 2B), s 61
Civil Liability Regulation 2003 (Qld) (Reprint 1B), sch 4
Civil Liability Act 2002 (Qld) (Reprint 2A), s 55

CASES:

AAI Limited v Marinkovic [2017] QCA 54, applied
Beaven v Wagner Industrial Services Pty Ltd [2017] QCA 246, cited
Bell v Mastermyne Pty Ltd [2008] QSC 331, considered
Briginshaw v Briginshaw (1938) 60 CLR 336, applied
Browne v Dunn (1893) 6 R 67, applied
Bulsey & Anor v State of Queensland [2015] QCA 187, followed
Camden v MacKenzie [2008] 1 Qd R 39, applied

Coffey v State of Queensland & Ors [2012] QSC 186, applied

Collings & Anor v Amaroo (Qld) Pty Ltd & Anor [1997] QCA 224, considered

Cowell v Corrective Services Commission of NSW (1988) 13 NSWLR 714, cited

Fox v Percy (2003) 214 CLR 118, applied

Grosse v Purvis [2003] QDC 151, applied

Hamlyn v Hann and Heagney [1967] SASR 387, applied
Jones v Dunkel (1959) 101 CLR 298, applied
Lusk & Anor v Sapwell [2011] QCA 59, cited
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705, applied
Malco Engineering Pty Ltd v Ferreira (1994) 10 NSWCCR 117, applied
Malec v JC Hutton Pty Ltd [1990] 169 CLR 638, followed

Marion’s Case (1992) 175 CLR 218, cited

O’Connell v 1st Class Security P/L [2012] QDC 100, considered
Onassis and Calogeropoulos v Vergottis [1968] 2 Lloyds Rep 403, applied
Paskins v Hail Creek Coal Pty Ltd [2017] QSC 190, cited
R v DBG [2013] QCA 370, followed
Rudd v Starbucks Coffee Company (Australia) Pty Ltd [2015] QDC 232,…

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Hunold v Twinn [2018] QDC 43
Case
[2018] QDC 43
Decision Date

CaseChat Overview and Summary

The case of Hunold v Twinn was heard by the Queensland District Court. The plaintiff, Hunold, sought compensation for injuries sustained during an arrest by the defendant, Twinn, a police officer. The primary issues in dispute were the extent of Hunold's injuries, the necessity and lawfulness of the force used by Twinn, and the appropriate quantum of damages. The court had to determine whether the force used by Twinn was reasonably necessary and lawful under the Police Powers and Responsibilities Act 2000 (Qld), and if Hunold's injuries were ongoing and included psychiatric harm. Furthermore, the court examined the evidence of Hunold's injuries, the lack of corroborating medical evidence, and the potential for diminished earning capacity and psychiatric injury.

The court found that Twinn's use of force was not reasonably necessary and lawful, as the force exceeded what was required to effect the arrest. This was supported by the evidence that the injuries sustained by Hunold were significant, even if not fully corroborated by medical reports. The court also accepted that Hunold suffered ongoing physical and psychiatric injuries, which contributed to the overall assessment of damages. Regarding the quantum of damages, the court considered Hunold's lost earning capacity and future damages, alongside the absence of corroborative medical evidence, to arrive at a fair and reasonable compensation amount.

After evaluating the evidence and arguments presented, the court awarded Hunold damages totaling $27,500. This amount reflected the physical injuries sustained, the psychiatric harm suffered, and the impact on Hunold's earning capacity and future prospects. The court's judgment provides clarity on the use of force by police officers, the criteria for determining liability, and the assessment of damages in personal injury cases involving public officers.

Orders

Orders of the court

1. Judgment for the plaintiff in the sum of $27,500.

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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