SUPREME COURT OF QUEENSLAND
CITATION:
Kriz v King & Anor [2006] QCA 351
PARTIES:
DANIELLE ANNE KRIZ
(plaintiff/respondent)
v
MARY KING
(first defendant)
SUNCORP METWAY INSURANCE LIMITEDACN 075 695 966
(second defendant/appellant)FILE NO/S:
Appeal No 540 of 2006
DC No 1553 of 2005DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
15 September 2006
DELIVERED AT:
Brisbane
HEARING DATE:
22 May 2006
JUDGES:
McMurdo P, Jerrard JA and Helman J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed with costs
CATCHWORDS:
DAMAGES - MEASURE OF DAMAGES - PERSONAL INJURIES - GENERAL PRINCIPLES - where respondent was injured in a motor vehicle accident and was awarded damages at trial - where appellant insurance company contends that primary judge erred in not assessing those damages relating to past and future gratuitous services in accordance with principles recently stated in CSR Ltd v Eddy and with the construction of s 59 Civil Liability Act 2003 (Qld) - whether judge did so err
Civil Liability Act 2003 (Qld), s 59
Bropho v Western Australia (1990) 171 CLR 1, applied
Carroll v Coomber & Anor [2006] QDC 146; DC No 2931 of 2005, 31 May 2006, approved
Coco v The Queen (1994) 179 CLR 427, applied
CSR Ltd v Eddy [2005] HCA 64; (2005) 80 ALJR 59, applied
Grice v State of Qld [2005] QCA 272; [2006] 1 Qd R 222, 5 August 2005, considered
Griffiths v Kerkemeyer (1977) 139 CLR 161, applied
Potter v Minahan (1908) 7 CLR 277, applied
Roads and Traffic Authority v McGregor & Anor [2005] NSWCA 388; No 40277 of 2004, 11 November 2005, distinguished
Sturch v Willmott [1997] 2 Qd R 310, disapproved
Sullivan v Gordon (1999) 47 NSWLR 319, disapproved
COUNSEL:
K N Wilson SC for the appellant
R J Lynch for the respondentSOLICITORS:
Jensen McConaghy for the appellant
David Colwell & Company for the respondent
McMURDO P: The respondent, Ms Kriz, was injured in a motor vehicle accident on 30 May 2003. She brought an action against the first defendant, Ms King, who was insured by the second defendant/appellant. Liability was not in issue at the trial which concerned only the assessment of damages. The primary judge ultimately gave judgment for the respondent in the sum of $76,311.40.[1] The appellant appeals from that part of the damages award relating to past and future gratuitous services contending that the judge erred in not assessing those damages according to the principles recently stated in CSR Ltd v Eddy[2] and in the construction of s 59 Civil Liability Act 2003 (Qld) ("the Act").
[1]The judge initially assessed damages at $76,116.40, which included at [89] of his reasons a past gratuitous care award for the second three month period following the accident of five hours per week for 13 weeks at $15 per hour. His Honour later…
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- AGLC
- Kriz v King [2006] QCA 351
- Case
- [2006] QCA 351
- Decision Date
CaseChat Overview and Summary
The primary legal issue was the correct method of assessing damages for past and future gratuitous services in personal injury cases, particularly in light of the statutory provisions and the principles set out in CSR Ltd v Eddy. The court considered whether the trial judge had applied the correct legal principles in assessing these damages. The case involved interpreting section 59 of the Civil Liability Act 2003 (Qld) and applying it in conjunction with relevant case law. The court also needed to determine whether the trial judge's approach was consistent with established legal principles.
In its reasoning, the court held that the trial judge had correctly assessed the damages for past and future gratuitous services. The court found that the trial judge had correctly applied the principles established in CSR Ltd v Eddy and the statutory provisions of the Civil Liability Act 2003 (Qld). The court emphasised that the trial judge's approach was consistent with the relevant legal authorities, including the High Court decision in Bropho v Western Australia and other significant precedents. The court concluded that there was no error in the trial judge's assessment and that the appeal should be dismissed. The insurance company's contention that the trial judge had misapplied the relevant legal principles was rejected.
The final orders of the court were to dismiss the appeal with costs. The court ruled that the trial judge had correctly assessed the damages for past and future gratuitous services and that there was no basis to overturn the trial decision. The insurance company was ordered to pay the respondent's costs of the appeal.
Orders
Orders of the court
Appeal dismissed with costs
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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