SUPREME COURT OF QUEENSLAND
CITATION:
Land v Dhaliwal & Anor [2012] QSC 360
PARTIES:
GARY PETER LAND
(plaintiff)
v
BIRKAMJIT SINGH DHALIWAL
(first defendant)
and
QBE INSURANCE (AUSTRALIA) LIMITED
(second defendant)FILE NO:
BS 6577 of 2010
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
16 November 2012
DELIVERED AT:
Brisbane
HEARING DATE:
WRITTEN SUBMISIONS:
2 April, 3 April and 4 April 2012
4 April 2012JUDGE:
Daubney J
ORDERS:
1. There will be judgment for the plaintiff in the sum of $382, 690.
2. I will hear the parties as to costs.
CATCHWORDS:
TORTS – NELIGENCE – APPORTIONMENT OF RESPONSIBILITY AND DAMAGES – GENERALLY – where plaintiff riding bicycle – where defendant driving taxi – where defendant veered taxi into path of plaintiff and stopped – where plaintiff unable to avoid taxi – where collision between taxi and plaintiff occurred – where plaintiff suffered personal injury – where defendants liability for incident admitted on pleadings – where defendants claim of contributory negligence abandoned at trial – what the appropriate quantum of damages is
Civil Liability Act 2003 (Qld), s 51, 59, 61
Civil liability Regulation 2003 (Qld), sch 3, 7
Bezant v Davis [2010] QSC 229
Collins v Carey & Anor[2002] QSC 398
CSR Limited v Eddy (2005-2006) 226 CLR 1; [2005] HCA 64
Hunt v Lemura & Anor[2011] QSC 378
Husher v Husher (1999) 197 CLR 138; [1999] HCA 47
Kriz v King (2006) 1 Qd R 327; [2006] QCA 351
Leonardi v Payne & Anor [2009] QSC 382
Wilson v McLeay (1961) 106 CLR 523; [1961] HCA 56
COUNSEL:
J W Lee for the plaintiff
R C Morton for the defendantSOLICITORS:
Craig Ray and Associates for the plaintiff
McInnes Wilson Lawyers for the defendants
Introduction
On 1 July 2007, the plaintiff was riding his bicycle in an easterly direction along Airport Drive, Eagle Farm. He was riding at the head of a small group of cyclists. The others were roughly in single file behind him. They were riding their bicycles on the part of the roadway adjacent to the left hand shoulder of the road. At about 8.10 am, the first defendant, who was driving a taxi, veered into the lane directly in front of the plaintiff and stopped. This occurred almost directly in front of where the plaintiff was riding his bicycle, and the plaintiff was unable to avoid the taxi parked in front of him. The plaintiff collided with the rear of the taxi and suffered personal injury as a consequence.
The first defendant’s liability for the incident was admitted on the pleadings. When the matter came on for trial, a claim of contributory negligence by the plaintiff was initially maintained on behalf of the defendants. In closing submissions, however, counsel for the defendants quite properly conceded that, in light of the evidence at trial, there was no basis for a finding of contributory negligence against the plaintiff, and I was not asked to…
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- AGLC
- Land v Dhaliwal & Anor [2012] QSC 360
- Case
- [2012] QSC 360
- Decision Date
CaseChat Overview and Summary
The court considered the extent of the plaintiff's injuries, the impact on his quality of life, and the future costs associated with his care. Given that the defendant admitted liability, the court did not need to assess contributory negligence. The court assessed the damages by considering medical reports, expert evidence, and the plaintiff's statements about his injuries and their effects. It was necessary to evaluate the severity of the injuries, the pain and suffering endured, and the long-term consequences of the accident.
After weighing all the evidence, the court determined that the plaintiff was entitled to damages of $382,690. This sum reflected the full extent of his injuries, the immediate and future medical costs, and the impact on his life. The court found that the damages awarded were just and appropriate given the circumstances of the case. The court will hear submissions from the parties regarding costs.
Orders
Orders of the court
1. There will be judgment for the plaintiff in the sum of $382, 690.
2. I will hear the parties as to 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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