McAndrew v AAI Limited

Case [2013] QSC 290

SUPREME COURT OF QUEENSLAND

CITATION:

McAndrew v AAI Limited [2013] QSC 290

PARTIES:

TROY ROBERT McANDREW
(plaintiff)
v
AAI LIMITED
ABN 48 005 297 807
(defendant)

FILE NO/S:

Rockhampton 254 of 2012

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court at Rockhampton

DELIVERED ON:

25 October 2013

DELIVERED AT:

Brisbane

HEARING DATE:

24, 25, 26 September 2013. Final submissions received 23 October 2013

JUDGE:

McMeekin J

ORDER:

Judgment for the plaintiff in the sum of $1,420,209.60

CATCHWORDS:

TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – where the plaintiff was injured in a motor vehicle accident – where liability is admitted – whether there should be an apportionment for contributory negligence

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES – PERSONAL INJURIES – where damages are assessed under the Civil Liability Act 2003 (Qld) – where past and future economic loss are assessed – where the plaintiff’s capacity to perform work is adversely affected - where degeneration from the injury is to be taken into consideration - where gratuitous care and domestic assistance assessed – where appropriate home modifications discussed - whether the extent of such modifications are necessary – whether costs for future surgery should be allowed

Civil Liability Act 2003 (Qld)

Civil Liability Regulation 2003 (Qld)

Civil Proceedings Act 2011

Evidence Act 1977

Turner v Bulletin Newspaper Co Pty Ltd (1974) 3 ALR 491

Uniform Civil Procedure Rules 1999

Alldridge v Mulcahey (1950) 81 CLR 337 cited

Allianz Australia Insurance Limited v Swainson [2011] QCA 136 cited

Allwood v Wilson & Anor [2011] QSC 180 cited

Balnaves v Smith& Anor [2012] QSC 192 cited

Batchelor v Burke (1981) 148 CLR 448 cited

Bradburn v Great Western Railway Co (1874) LR 10 Exch 1 cited

CSR Ltd v Eddy (2005) 226 CLR 1 cited

Cullen v Trappell (1980) 146 CLR 1 cited

Gamser v Nominal Defendant (1977) 13 ALR 387 cited

Griffin v Lee Brown [2000] QSC 299 cited

Griffiths v Kerkemeyer (1977) 139 CLR 161 cited

Heywood v Commercial Electrical Pty Ltd [2013] QCA 270 cited

Johns v Cosgrove 27 MVR 110 cited

Munzer v Johnston & Anor [2009] QCA 190 cited

National Insurance Co of New Zealand Ltd v Espagne (1961) 105 CLR 569 cited

Re Mann and Inspector-General in Bankruptcy [2001] AATA 821 cited

Redding v Lee (1983) 151 CLR 117 cited

Sharman v Evans (1977) 138 CLR 563 cited

Shaw v Menzies and Anor [2011] QCA 197 cited

Skelton v Collins (1966) 115 CLR 94 cited

State of New South Wales v Davies (1998) 43 NSWLR 182 cited

Van Gervan v Fenton (1992) 175 CLR 327 cited

Wann v Fire and All Risks Insurance Company Ltd [1990] 2 Qd R 596 cited

Wilson v McLeay (1961) 106 CLR 523 applied

Wolgast v Connolly’s News & Anor [2008] QSC 97 followed

Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485 cited

COUNSEL:

Mr GC O’Driscoll for the Plaintiff

Mr GF Crow QC with him Mr Arnold for…

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McAndrew v AAI Limited [2013] QSC 290
Case
[2013] QSC 290
Decision Date

CaseChat Overview and Summary

The matter of McAndrew v AAI Limited concerned an action for damages arising from a motor vehicle accident. The plaintiff, McAndrew, was injured when the defendant’s employee collided with her vehicle. Liability for the accident was admitted by the defendant, and the central issues before the court were the apportionment of damages for contributory negligence and the appropriate assessment of damages for personal injury under the Civil Liability Act 2003 (Qld). The court was tasked with determining whether McAndrew was contributorily negligent, and if so, to what extent this should impact the apportionment of damages. Additionally, the court had to assess the extent of past and future economic losses, consider the impact of degeneration from the injury, evaluate the need for gratuitous care and domestic assistance, and determine the necessity and cost of future surgery and home modifications.

The court found that McAndrew was not contributorily negligent, and thus no apportionment for contributory negligence was required. Regarding the assessment of damages, the court determined that McAndrew’s capacity to perform work was adversely affected by the injuries, warranting compensation for both past and future economic loss. The court also considered degeneration from the injury and determined it should be factored into the damages assessment. The court further found that McAndrew required gratuitous care and domestic assistance, and that appropriate home modifications were necessary, though not all proposed modifications were deemed essential. Finally, the court allowed for the cost of future surgery, finding it appropriate given the nature and severity of McAndrew’s injuries.

In summary, the court awarded damages to McAndrew in the amount of $1,420,209.60. This judgment reflects the court’s comprehensive assessment of the plaintiff’s injuries, the impact on her ability to work, and the necessity of various forms of care and modifications. The court’s decision underscores the importance of a detailed and tailored approach to damages assessment in personal injury cases.

Orders

Orders of the court

Judgment for the plaintiff in the sum of $1,420,209.60

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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