Jackson v State of Queensland

SUPREME COURT OF QUEENSLAND

CITATION: 

Jackson v State of Queensland [2005] QSC 161

PARTIES: 

LISA ELVA JACKSON
(plaintiff)
v
STATE OF QUEENSLAND
(defendant)

FILE NO/S: 

SC No 588 of 2004

DIVISION: 

Trial

PROCEEDING: 

Application

ORIGINATING 

Supreme Court at Townsville

COURT: 

DELIVERED ON: 

14 June 2005

DELIVERED AT: 

Townsville

HEARING DATE: 

27 May 2005

JUDGES: 

Cullinane J

ORDER: 

1.	That the matter be referred to mediation in terms of the draft order exhibited to the affidavit of Simon Langley Turner with the mediator being the first of the three alternatives named in that draft
2.	That the defendant’s application for a further examination is dismissed with costs to be assessed
3.	That the defendant pays the plaintiff’s costs of and incidental to the application to refer the matter to mediation with costs to be assessed

CATCHWORDS: DAMAGES – GENERAL PRINCIPLES – OTHER MATTERS – where plaintiff claims damages including damages for past and future economic loss – where plaintiff filed application for an order referring the matter to mediation – where defendant filed cross-application seeking an order that the matter be stayed until the plaintiff undergoes an examination by an occupational therapist – where plaintiff previously examined by an occupational therapist – where defendant relied upon disparities between report of occupational therapist and report obtained from a physiotherapist – whether it would be unreasonable and unnecessarily repetitious to require the plaintiff to undergo a further examination by an occupational therapist – whether matter should be referred to mediation

Personal Injuries Proceedings Act 2002 (Qld), s 25

Starr v National Coal Board (1977) 1 All ER 243, considered Woolworths (Qld) Pty Ltd v Berry-Porter [2002] QSC 360, considered

COUNSEL:	M A Drew for the plaintiff R Ashton for the defendant
SOLICITORS:	Connolly Suthers for the plaintiff Roberts Nehmer McKee as town agents for Minter Ellison for the defendant

1. There are two applications before the Court. One is an application by the plaintiff that the matter be referred to mediation. The other is an application by the defendant staying the proceedings until the plaintiff has been examined on the defendant’s behalf by an occupational therapist.

2. The plaintiff seeks damages for personal injuries said to have been sustained by her as the result of negligence in the performance of a procedure at the Townsville General Hospital on 10 September 2001.

3. A full chronology of the matter appears at paragraph four of the affidavit of Stephanie Jones filed on behalf of the defendant.

4. As presently formulated the plaintiff’s claims include damages for past and future economic loss.

5. The defendant had the plaintiff examined by Dr Cameron, a neurologist, in mid 2003.

6. In August 2004 the plaintiff’s solicitor arranged for her to be seen by an occupational therapist, one Kathryn Purse.

7. When the solicitors for the defendant became aware of the examination, a letter dated 20th August 2004 was sent to the solicitors for the plaintiff which included the following:

   “We note that your client was seen by an occupational therapist on 3 August 2004…