Johnson v Fraser Coast Regional Council

DISTRICT COURT OF QUEENSLAND

CITATION:

Johnson v Fraser Coast Regional Council [2020] QDC 199

PARTIES:

CLINTON JAMIE JOHNSON
(plaintiff/applicant)

v

FRASER COAST REGIONAL COUNCIL
(defendant/respondent)

FILE NO/S:

138 of 2016

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court of Queensland

DELIVERED ON:

20 August 2020

DELIVERED AT:

Brisbane

HEARING DATE:

17 August 2020

JUDGE:

Loury QC DCJ

ORDER:

The application is refused.

CATCHWORDS:

CIVIL LAW – PERSONAL INJURY – where it is alleged the plaintiff suffered an injury in the course of his employment – where the plaintiff applies for a ruling that the defendant is not entitled to pursue a case that the plaintiff has intentionally embellished or overstated the effect of the claimed injury – where the plaintiff argues that such an argument amounts to fraud and is thereby is a matter that is required to be pleaded pursuant to s 150(1)(f) of the Uniform Civil Procedure Rules 1999

Uniform Civil Procedure Rules 1999 r 150

Carswell v KBRV Resort Operations Pty Ltd [2017] QSC 239

COUNSEL:

RC Morton and JM Sorbello for the plaintiff
WDP Campbell for the defendant

SOLICITORS:

Morton & Morton Solicitors for the plaintiff
Jensen McConaghy Lawyers for the defendant

1. The plaintiff applies for a ruling that the defendant is not entitled to pursue a case that the plaintiff has intentionally embellished or overstated the effect of the claimed injury upon him. It is argued that such a case would amount to a claim of fraud and accordingly rule 150(1)(f) of the Uniform Civil Procedure Rules 1999 provides that such a matter must be specifically pleaded as does any fact from which an inference of fraud arises.[1]

   [1]Rule 150(2).

1. A consideration of the application requires an understanding of the pleadings.  The plaintiff’s case is that he suffered an injury in the course of his employment on 5 September 2014.  That injury is particularised as an aggravation of his pre-existing degenerative right knee and medial meniscal injury and chronic neuropathic pain and features of resolving complex regional pain syndrome of the right lower leg and chronic nociceptive pain in the right lower leg.

1. Relevantly, the plaintiff pleads:

“6.        On 5 September 2014:

(a)        the plaintiff was performing his duties as a Plant Operator;

(b)        in the course of his employment he was required to cover the load on his truck;

(c)        the task required the plaintiff to:

(i)         balance on the tow hitch with one foot, as there was insufficient room to place two feet on the tow hitch;

(ii)       reach forward and grasp the rope of the covering tarpaulin;

(iii)      pull the rope of the covering tarpaulin towards the rear of the truck;

(iv)       hook the tarpaulin into securing hooks at the rear of the body of the truck;

(v)        step down from the tow hitch;

(vi)       once both feet have been placed on the ground, tie off the rope to the truck;

(d)        the tow hitch was approximately 600mm from the ground;

(f)        there were no hand holds on the rear of the…