King v Barrie

[2020] ACTSC 36

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

King v Barrie

Citation:

[2020] ACTSC 36

Hearing Date(s):

5 December 2019

DecisionDate:

21 February 2020

Before:

Crowe AJ

Decision:

See [53]

Catchwords:

CIVIL LAW – APPEAL – appeal from the Magistrates Court – personal injury claim – where the plaintiff made a claim for physical and psychological injury as a result of a motor vehicle accident – where the motor vehicle accident was minor – whether the Chief Magistrate erred in determining that the plaintiff did not suffer any injury

Cases Cited:

Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320

Griffiths v Kerkemeyer (1977) 15 ALR 387

Jones v Dunkel (1959) 101 CLR 298

Lukatela v Birch [2008] ACTSC 99; 164 ACTR 24

Mason v Demasi [2009] NSWCA 227

Urbaniak-Bak v Prail [2014] ACTSC 171

Parties:

Belinda Joy King (Appellant)

Janet Barrie (First Respondent)

Insurance Australia Limited Trading as NRMA Insurance (Second Respondent)

Representation:

Counsel

A Muller (Appellant)

W Fitzsimmons SC (Respondents)

Solicitors

Maliganis Edwards Johnson (Appellant)

Sparke Helmore Lawyers (Respondents)

File Number(s):

SCA 37 of 2019

Decision under appeal: 

Court/Tribunal:             Magistrates Court of the Australian

Capital Territory

Before:  Chief Magistrate Walker

Date of Decision:          28 June 2019

Case Title:  King v Barrie & Anor

Citation: [2019] ACTMC 21

Crowe AJ

Introduction

1. On 28 June 2019, Chief Magistrate Walker, as she then was, handed down her decision in relation to the claim for damages made by the plaintiff in relation to a motor vehicle accident which occurred on 25 June 2016 (the 2016 accident). For ease of reference, I will refer to the parties as they were in the litigation in the Magistrates Court.

1. Her Honour found in favour of the defendants and dismissed the plaintiff’s claim.

1. On 15 July 2019, the plaintiff filed a Notice of Appeal from her Honour’s judgement. That notice was amended at the commencement of the appeal hearing on 5 December 2019.

Decision in the Magistrates Court

1. The circumstances of the accident were described by her Honour as follows:

[1]    The Plaintiff, Ms Belinda King (now married and known by her married name of Shedden), was leaving the Belconnen Shopping Mall car park on 45 June 2016. She was in a line of traffic backed up from the exit. She was driving her future husband's Ford Territory motor car ('the Territory'). Ms Janet Barrie, driving a Honda Civic ('the Honda'), collided with the rear of the Territory in what the parties agree was a low­ impact collision. Ms Shedden sues the First Defendant, Mrs Barrie, and the Second Defendant, her insurer, NRMA, in the tort of negligence. She alleges that she suffered low back pain, trochanteric bursitis of her left hip, aggravation of pre-existing neck and thoracic pain and aggravation of amaxaphobia (a fear of travelling in a motor vehicle) as a result of the collision.

1. Her Honour noted that the defendants had admitted a breach of the duty of care on the part of Ms Barrie, but denied that the plaintiff…