Kim v Cole

[2002] QCA 176

[2002] QCA 176

COURT OF APPEAL

McMURDO P
McPHERSON JA
HELMAN J

Appeal No 7772 of 2001

JAE-WON KIM and DONG HEE KIM        Plaintiff (Not a party)

and

CAROLE COLE  First Defendant (Appellant)

and

MICHAEL WILLIAM HURST    Second Defendant (First Respondent)

and

WESFARMERS FEDERATION INSURANCE
LTD (ACN 009 027 221)       Third Party (Second Respondent)

Appeal No 8074 of 2001

JAE-WON KIM and DONG HEE KIM        Plaintiff (Not a party)

and

CAROLE COLE                   First Defendant (Not a party)

and

MICHAEL WILLIAM HURST         Second Defendant (Respondent)

and

WESFARMERS FEDERATION INSURANCE LTD
(ACN 009 027 221)                   Third Party (Appellant)

BRISBANE

..DATE 24/05/2002

JUDGMENT

WILLIAMS JA:  In this matter the Court comprised the President and Justices McPherson and Helman.  The order in Appeal Number 7772 of 2001 is as follows:

(1)Appeal against the apportionment of damages between the appellant Cole and respondent Hurst dismissed with costs;

(2)Appeal allowed by setting aside judgment with costs in favour of the defendant Hurst and substituting judgment for the plaintiff Cole in the sum of $25,000 with interest and costs on the Magistrates Court scale.

In Appeal 8074, appeal allowed with costs;  the judgment set aside with costs;  in lieu thereof there be judgment dismissing with costs the third party proceedings against the appellant brought by the respondent second defendant.

I publish the separate reasons for judgment of each member of the Court, Justice Helman dissenting in part.

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