DISTRICT COURT OF QUEENSLAND
CITATION:
Ketchell v RACQ insurance Limited [2021] QDC 307
PARTIES:
Robin Ali Richard Ketchell
(Plaintiff)
v
Hayden Andrew Deacon
(First Defendant)
AND
RACQ Insurance Limited
(ABN 50 009 704 152)
(Second Defendant)
FILE NO: 93 of 2019
DIVISION:
Civil
PROCEEDING:
Trial
ORIGINATING COURT:
District Court of Queensland
DELIVERED ON:
16 December 2021
DELIVERED AT:
Townsville
HEARING DATE:
16, 17 and 18 November 2020
JUDGE:
Coker DCJ
ORDER:
1. Judgment for the plaintiff against the second defendant in the sum of Four Hundred and Seventy-Nine Thousand, Eight Hundred and Eighty-Four Dollars and Seventy Cents ($479,884.70).
2. Any written submission as to costs claimed by the plaintiff are to be filed and served within 35 days of today and any submission by the second defendant are to be filed and served within 49 days of today.
3. Unless otherwise requested in writing, any determination as to costs will be conducted in chambers.
CATCHWORDS:
TORTS – NEGLIGENCE – MOTOR VEHICLE ACCIDENT – where the plaintiff was a patron in attendance at a hotel – where the driver of a motor vehicle lost control of the vehicle crashing into patrons at the hotel – where liability of the driver and third party insurer is admitted – where the dispute arises as to the extent of the plaintiff’s injuries – whether pre-existing conditions are significant in respect of the plaintiff’s current health – whether any psychological condition of the plaintiff is attributable to the motor vehicle incident.
DAMAGES – MEASURE OF DAMAGES IN PERSONAL INJURIES – GENERAL PRINCIPLES – assessment of damages pursuant to the Civil Liability Act (2003) – where the extent and assessment of damages is in issue – where damages are assessed in line with the finding of injuries attributable to the motor vehicle incident.
LEGISLATION:
Civil Liability Act 2003 (Qld), s 51, s 54, s 55, s 61 and s 62
Civil Liability Regulation 2014 (Qld)
Motor Accident Insurance Act 1994 (Qld), s 52
CASES:
Allianz Australia Insurance Ltd v McCarthy [2012] QCA 312
Ballesteros v Chidlow [2006] QCA 323
Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64
Cootes v Concrete Panels & Ors [2019] QSC 146
Graham v Baker (1961) 106 CLR 340
Jones v Schiffmann (1971) 124 CLR 303
Krobath v Theiss Pty Ltd [2018] QSC 309
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638
Nucifora & Another v AAI [2013] QSC 338
Reardon-Smith v Allianz Australia Insurance Ltd [2007] QCA 211
COUNSEL: A. Philp QC for the Plaintiff
J. Trevino for the Plaintiff
M. Grant-Taylor QC for the Second DefendantSOLICITORS: Roati Legal for the Plaintiff
Quinlan Miller Treston for the Second Defendant
Introduction
Robin Ali Richard Ketchell, the plaintiff, was outside the front of the Royal Hotel at 46 Lannercost Street, Ingham on the evening of the 4th April 2014. At about 9.53pm on that day, a Holden motor vehicle, registration number 439TKR, driven by Hayden Andrew Deacon was travelling…
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- Case
- [2021] QDC 307
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented to assess the extent of the plaintiff’s injuries and the degree to which they were exacerbated by the accident. In doing so, the court considered the findings of medical experts, the plaintiff’s personal medical history, and the impact of the accident on the plaintiff’s life. The key issue was to disentangle the effects of the accident from pre-existing conditions and to attribute the psychological injuries to the incident where appropriate. The court found that while the plaintiff had pre-existing conditions, the motor vehicle incident significantly contributed to the exacerbation of these conditions and the development of new psychological issues.
Following the assessment, the court awarded the plaintiff damages of Four Hundred and Seventy-Nine Thousand, Eight Hundred and Eighty-Four Dollars and Seventy Cents ($479,884.70). The judgment emphasised the necessity of distinguishing between the effects of the accident and pre-existing conditions to accurately quantify the damages. The court ordered that submissions on costs be filed within the specified timeframes and noted that any cost determination would typically be made in chambers unless otherwise requested.
Orders
Orders of the court
1. Judgment for the plaintiff against the second defendant in the sum of Four Hundred and Seventy-Nine Thousand, Eight Hundred and Eighty-Four Dollars and Seventy Cents ($479,884.70).
2. Any written submission as to costs claimed by the plaintiff are to be filed and served within 35 days of today and any submission by the second defendant are to be filed and served within 49 days of today.
3. Unless otherwise requested in writing, any determination as to costs will be conducted in chambers.
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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