Young v Bayliss & Anor

[2006] HCATrans 225

[2006] HCATrans 225

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B1 of 2006

B e t w e e n -

RHONDA GAYE YOUNG

Applicant

and

KYM BAYLISS

First Respondent

SUNCORP METWAY INSURANCE LIMITED

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 10 MAY 2006, AT 9.29 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant was injured in a car accident on 27 May 2000.  She was injured in a second car accident on 20 February 2001.  The second accident occurred by reason of the negligence of the first respondent.  After a trial in the Supreme Court of Queensland (Helman J), the court found that any impairment of earning capacity was the result of the accident in 2000, not the accident in 2001, that the applicant’s injuries as a result of the accident in 2001 were relatively minor, and that the applicant should recover as damages for the latter accident the sum of $29,000.

The Court of Appeal (Williams and Jerrard JJA and Muir J) dismissed an appeal, finding no error in the trial judge’s reasoning.

The papers filed in support of the applicant’s application for special leave to appeal complain of various factual errors on the part of the courts below but identify no point of law.  There are insufficient prospects of the applicant making her complaints good to justify granting special leave.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.30 AM THE MATTER WAS CONCLUDED