SUPREME COURT OF QUEENSLAND
CITATION:
WAQ v Di Pino [2012] QCA 283
PARTIES:
WAQ
(appellant)
v
CONSTANTINO DI PINO
(respondent)FILE NO/S:
Appeal No 1674 of 2012
DC No 3369 of 2010DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
19 October 2012
DELIVERED AT:
Brisbane
HEARING DATE:
20 July 2012
JUDGES:
Fraser and Gotterson JJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Leave to amend notice of appeal granted.
2. Appeal dismissed.
3. Appellant to pay respondent’s costs of the appeal on the standard basis.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – ASSESSMENT OF DAMAGES – where judge below ordered the respondent pay damages to the appellant for trespass to the person in the form of sexual assault – where appellant appeals against judgment – whether the trial judge erred in finding that the appellant did not suffer psychiatric injury in the form of post traumatic stress disorder as a result of the actions of the respondent – whether the trial judge erred in not ordering the respondent pay aggravating and exemplary damages
Ali v Nationwide News Pty Ltd [2008] NSWCA 183, cited
Amalgamated Television Services Pty Ltd v Marsden (No 2) (2003) 57 NSWLR 338; [2003] NSWCA 186, cited
Backwell v AAA [1997] 1 VR 182, cited
Browne v Dunn (1893) 6 R (HL) 67, cited
Bulstrode v Trimble [1970] VR 840; [1970] VicRP 104, cited
Cassell & Co Ltd v Broome [1972] AC 1027; [1972] UKHL 3, cited
Gray v Motor Accident Commission (1998) 196 CLR 1; [1998] HCA 70, cited
Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22, cited
HSH Hotels (Australia) Ltd v Multiplex Constructions Pty Ltd [2004] NSWCA 302, cited
McFadzean v Construction, Forestry, Mining and Energy Union [2004] VSC 289, cited
R v di Pino [2004] QCA 39, cited
Rookes v Barnard [1964] AC 1129; [1964] UKHL 1, cited
State of New South Wales v Zreika [2012] NSWCA 37, cited
Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118; [1966] HCA 40, cited
Williams v Dawson [2000] WASCA 205, citedCOUNSEL:
C C Heyworth-Smith with H Blattman for the appellant
M Black for the respondentSOLICITORS:
Murphy Schmidt for the appellant
John P Bussa & Co for the respondent
FRASER JA: I agree with the reasons for judgment of Gotterson JA and the orders proposed by his Honour.
GOTTERSON JA: The appellant and respondent were plaintiff and defendant respectively in proceedings which were tried in the District Court at Brisbane on 18 and 19 August 2011. The appellant appeals from a judgment given on 27 January 2012 by which the respondent was ordered to pay her damages of $146,027.83…
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- Case
- [2012] QCA 283
- Decision Date
CaseChat Overview and Summary
The court had to address two primary issues: whether the trial judge was correct in finding that the appellant did not suffer from PTSD and whether the trial judge erred in not ordering the respondent to pay aggravating and exemplary damages. The appellant argued that the trial judge failed to properly assess the evidence regarding the psychiatric injury and did not consider the appropriate principles in awarding damages. The respondent contended that the trial judge's findings were supported by the evidence and that there was no basis for awarding aggravating and exemplary damages.
The Court of Appeal found that the trial judge did not err in concluding that the appellant did not suffer from PTSD. The court examined the evidence presented and found that the trial judge's conclusion was supported by the evidence and the applicable legal principles. Additionally, the court held that the trial judge did not err in not ordering the respondent to pay aggravating and exemplary damages. The court found that the trial judge had considered the appropriate principles and that there was no basis for such an award in this case. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal on the standard basis.
The Court of Appeal dismissed the appeal and upheld the decision of the trial judge. The appellant was ordered to pay the respondent's costs of the appeal on the standard basis. The court granted leave to amend the notice of appeal, ensuring that the appeal was heard on its merits. The outcome of the case reinforced the importance of properly assessing evidence and applying legal principles in determining the appropriate award of damages in cases of trespass to the person.
Orders
Orders of the court
1. Leave to amend notice of appeal granted.
2. Appeal dismissed.
3. Appellant to pay respondent’s costs of the appeal on the standard basis.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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