DISTRICT COURT OF QUEENSLAND
CITATION:
Soogyung Kim v Xiaoxia Liu & Anor [2017] QDC 167
PARTIES:
SOOGYUNG KIM
Plaintiff
v
XIAOXIA LIU
First Defendant
and
ALLIANZ AUSTRALIA INSURANCE LIMITED
Second Defendant
FILE NO/S:
4120/16
DIVISION:
Civil
PROCEEDING:
Trial
DELIVERED ON:
21 June 2017
DELIVERED AT:
Brisbane
HEARING DATE:
29 and 30 May 2017
JUDGE:
Bowskill QC DCJ
ORDER:
1. Judgment for the plaintiff against the defendants for general damages of $8,910, plus interest on general damages (with the rate and amount of interest to be agreed between the parties), plus out of pocket expenses of $891.97, plus future medication costs of $500.00.
2. Direct that the parties provide a form of judgment, reflecting these reasons, and also as to costs, if the parties are agreed, within 7 days. If there is no agreement as to the appropriate costs order, each party is to provide brief submissions (no more than 3 pages), and any affidavit material, in support of the costs order they seek, within 7 days, and the matter will be decided on the papers
CATCHWORDS:
DAMAGES – Personal Injuries – Quantum –– Where the plaintiff was injured in a car accident – Liability admitted - Dispute as to the consequences of the injuries caused by the car accident – Whether the plaintiff has suffered or will suffer loss of earnings as a result of the accident caused injuries
Civil Liability Act 2003 (Qld) s 55
Civil Liability Regulation 2014 (Qld)Allianz Australia Insurance Limited v McCarthy [2012] QCA 312
Briginshaw v Briginshaw (1938) 60 CLR 336
Brown v New South Wales Trustee and Guardian [2012] NSWCA 431
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Nichols v Curtis [2010] QCA 303
Nucifora & Anor v AAI Ltd [2013] QSC 338
Perfect v McDonald [2012] QSC 11COUNSEL:
R Green for the Plaintiff
N Jarro for the Second and Third Defendants
SOLICITORS:
Park & Co Lawyers for the Plaintiff
McInnes Wilson Lawyers for the Second and Third Defendants
Introduction
Ms Soogyung Kim was a passenger in a car which was involved in an accident on 22 July 2015. She was almost 25 at the time. The car was driven by the first defendant, and covered by a policy of insurance with the second defendant. By this proceeding, Ms Kim seeks to recover damages for injuries she says she suffered in that accident, and consequential other losses. It is admitted the accident was caused by the first defendant’s negligence. The issues in dispute in this matter are:
(a)the nature and extent of any injury suffered by Ms Kim as a result of the accident; and
(b)what damages ought to be awarded to Ms Kim.
The nature and extent of injury suffered by Ms Kim as a result of the accident
Although the defendants initially denied that Ms Kim suffered any injury in the accident, that position was not maintained at the trial. Having regard to the following evidence that…
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- Case
- [2017] QDC 167
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to decide included the assessment of general damages for the plaintiff’s injuries and the quantification of these damages, including the impact on her ability to earn income. The court also had to consider the plaintiff’s out-of-pocket expenses and future medical costs. The plaintiff argued that she had suffered significant physical and emotional injuries which impeded her capacity to work, while the defendant conceded liability but contested the severity and financial impact of the injuries claimed.
In delivering the judgment, the court carefully examined the evidence provided, including medical reports and expert testimonies. It concluded that the plaintiff had indeed suffered from significant injuries that affected her ability to work, leading to a loss of earnings. The court awarded the plaintiff general damages of $8,910, interest on these damages, out-of-pocket expenses of $891.97, and future medication costs of $500.00. The court provided directions for the parties to finalise the form of judgment and the costs order within a specified timeframe, allowing for any disagreements to be addressed through written submissions.
Orders
Orders of the court
1. Judgment for the plaintiff against the defendants for general damages of $8,910, plus interest on general damages (with the rate and amount of interest to be agreed between the parties), plus out of pocket expenses of $891.97, plus future medication costs of $500.00.
2. Direct that the parties provide a form of judgment, reflecting these reasons, and also as to costs, if the parties are agreed, within 7 days. If there is no agreement as to the appropriate costs order, each party is to provide brief submissions (no more than 3 pages), and any affidavit material, in support of the costs order they seek, within 7 days, and the matter will be decided on the papers
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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