Kilvington v Grigg

[2010] QDC 496

DISTRICT COURT OF QUEENSLAND

CITATION:

Kilvington v Grigg & Ors [2010] QDC 496

PARTIES:

KIM THOMAS KILVINGTON

(Plaintiff)

AND

ALAN GRIGG

(First Defendant)

AND

STATE OF QUEENSLAND

(Second Defendant)

AND

SRIDHAR KASHIVISHWANATH

(Third Defendant)

FILE NO/S:

D52109/09

DIVISION:

PROCEEDING:

Trial

ORIGINATING COURT:

District Court, Ipswich

DELIVERED ON:

23 December 2010.

DELIVERED AT:

Brisbane

HEARING DATE:

8-10 November 2010

JUDGE:

McGill DCJ

ORDER:

Judgment for the second and third defendants.

CATCHWORDS:

MEDICINE – Medical practitioner – duties to patient – certificate for application to superannuation fund – whether duty to provide – whether damages suffered.

Altmann v IOOF of Victoria Friendly Society [2004] QDC 5 – followed.
Appleby v Sleep [1968] 2 All ER 265 – cited.
Baltic Shipping Co v Dillon (1993) 176 CLR 344 – cited.
Bonham v Carrier (2000) 21 Qld Lawyer Reps 87 –cited.
Bonham v Carrier [2002] 1 Qd R 474 – cited.
Breen v Williams (1996) 186 CLR 71 – applied.
Bunyan v Jordan (1937) 57 CLR 1 – cited.
Caltex Oil (Australia) Pty Ltd v The Dredge “Willemstad” (1976) 136 CLR 529 – cited.
Coomera Resort Pty Ltd v Kolback Securities Ltd [2004] 1 Qd R 1 – cited.
Fatimi Pty Ltd v Bryant (2004) 49 NSWLR 678 – applied.
Fortuna Seafoods Pty Ltd v The Ship “Eternal Wind” [2008] 1 Qd R 429 – applied.
Furniss v Fitchett [1958] NZLR 396 – considered.
Giller v Procopets (2008) 24 VR 1 – considered.
Interchase Corporation Ltd v Grosvenor Hill (Qld) Pty Ltd (No. 2) [1999] 1 Qd R 163 – cited.
Magill v Magill (2006) 226 CLR 551 – applied.
Meshlawn Pty Ltd v State of Queensland [2010] QCA 181 – cited.
O’Brien v T.F. Woollam & Sons Pty Ltd [2002] 1 Qd R 622 – cited.
O’Connor v S.P. Bray Ltd (1937) 56 CLR 464 – cited.
Pfizer Corporation v Ministry of Health [1965] 1 All ER 450 – cited.
RMC v NAN [2010] 1 Qd R 395 – followed.
Schiliro v Peppercorn Child Care Centres Pty Ltd (No. 2) [2001] 1 Qd R 518 – cited.
Wilkinson v Downton [1897] 2 QB 57 – distinguished.

COUNSEL:

The plaintiff appeared in person

C.J. Fitzpatrick for the second and third defendants

SOLICITORS:

The plaintiff was not represented

Corrs Chambers Westgarth Solicitors for the second and third defendants

1. The plaintiff has a superannuation policy with AMP Ltd.  He has not worked for some time, for various reasons, but he is not entitled to be paid out the superannuation policy on the basis of age.  In 2008 the plaintiff decided he would seek to have the balance of his superannuation paid to him on the ground of permanent incapacity.  He obtained documents from AMP Ltd which indicated that such an application had to be supported by certificates from two medical practitioners dealing with issues relevant to the question of whether payment was to be made to him on this ground.  At the time, the first defendant had been his general practitioner for some years, and the…