Soogyung Kim v Xiaoxia Liu (No 2)

[2017] QDC 194

DISTRICT COURT OF QUEENSLAND

CITATION:

Soogyung Kim v Xiaoxia Liu & Anor (No 2) [2017] QDC 194

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:

23 June 2017

HEARING DATE:

On the papers

JUDGE:

Bowskill QC DCJ

ORDER:

As set out in paragraph [3] below.

CATCHWORDS:

DAMAGES – Personal Injuries – No award of interest on general damages

Civil Liability Act 2003 (Qld) s 60(1)(a)

COUNSEL:

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

1. On 21 June 2017 I delivered my reasons in relation to this matter:  Soogyung Kim v Xiaoxia Liu & Anor [2017] QDC 167.

2. The parties were asked to provide a form of judgment, reflecting these reasons (including as to interest) and also as to costs, if the parties were agreed; which they were.

3. The order agreed between the parties, and made on 23 June 2017, was as follows:

   1.Judgment for the Plaintiff against the Second Defendant for $10,301.97;

   2.In relation to paragraph 98(b) of the Judgment, there be no award for interest on general damages in accordance with s 60(1)(a) of the Civil Liability Act 2003 (Qld); 

   3.No order as to costs up to 13 October 2016;

   4.The Plaintiff is to pay the Second Defendant’s costs assessed on a standard basis on the District Court scale from 14 October 2016.

4. Order 2 corrects an error in the reasons delivered on 21 June 2017, which at [56] and [98] incorrectly referred to the availability of an award of interest on general damages. Section 60(1)(a) of the Civil Liability Act 2003 expressly provides that a “court can not order the payment of interest on an award for general damages”.