Tjokro bht Tjokro v AAI Ltd t/as Vero Insurance

Tjokro bht Tjokro commenced proceedings in the Supreme Court of Western Australia against AAI Limited, trading as Vero Insurance, seeking damages for personal injuries sustained in a car accident. The plaintiff, a minor at the time of the accident, is now an adult but the matter has not yet proceeded to trial. The defendant sought to separate the issues of liability and quantum, arguing that a determination of damages could not proceed until the plaintiff reached adulthood. The plaintiff opposed the separation, contending that the issues of liability and quantum should be determined together.

The court was required to decide whether the issues of liability and quantum in personal injury actions involving minors should be determined together or separately. The court considered the applicable common law principles and statutory provisions, including section 22 of the Civil Liability Act 2002 (WA), which provides that a cause of action accrues to a minor when the act or omission on which it is based happens. However, the court noted that section 22 does not provide a mechanism for determining damages before the plaintiff reaches adulthood. The court also considered the purpose of the proposed separation of issues, which was to allow the defendant to challenge the merits of the plaintiff’s claim and to avoid a trial before the plaintiff reached adulthood.

The court held that the issues of liability and quantum should not be separated in this case. The court found that the defendant’s case on liability was not ready, as it had not provided sufficient evidence to challenge the plaintiff’s case. The court also noted that the separation of issues would not necessarily avoid a trial before the plaintiff reached adulthood, as the defendant could still raise issues of liability at trial. The court held that the motion to separate liability from quantum was an attempt to avoid a trial before the plaintiff reached adulthood and that such an outcome was not desirable. The court dismissed the motion.

No orders were made.