A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Wednesday, 10 December 2014

Executive Summary (One Minute Read)
Little v McCarthy (QSC) - damages - motor vehicle accident - economic loss - damages assessed
Findley v Morand (QSC) - defamation - extension of time to bring proceedings granted
Insurance Australia Ltd t/as NRMA Insurance v Iuli (ACTCA) - insurance - insurer's appeal from interlocutory decision of Master incompetent
Summaries With Link (Five Minute Read)
Little v McCarthy [2014] QSC 274
Supreme Court of Queensland
McMeekin J
Damages - motor vehicle accident - first plaintiff claimed damages for personal injuries suffered in motor vehicle accident - liability admitted - plaintiff sought large amount of damages, just over $1,000,000 - defendants contended proper assessment should be quite modest - a little over $60,000 - first plaintiff's case had none of the usual features associated with a million dollar personal injuries' claim - contest principally over economic loss - application of provisions in Civil Liability Act 2003 (Qld) and Civil Liability Regulation 2003 (Qld) - credit - effect of injury on earning capacity - damages assessed at $254,560.42.
Findley v Morand [2014] QSC 297
Supreme Court of Queensland
A Wilson J
Limitations - defamation - applicant had rented property from respondents - applicant sought extension of time to bring defamation proceedings against respondents arising from alleged posting of entries in tenancy database - first entry lodged 9/3/11 - second entry lodged 25/1/12 - ss10AA & 32A Limitation of Actions Act 1974 (Qld) - whether not reasonable in circumstances for plaintiff to have commenced action in relation to matter complained of within one year from the date of publication - held: applicant's evidence sufficient to establish t he was not alerted to alleged defamatory statements in the database until June 2014 - too late to save any remedy he might have had in respect of first entry on 9/3/11 as three year period had already expired by time applicant discovered it however extension of time warranted under s32A to permit him to file proceedings for defamation by 25/1/15.
Insurance Australia Ltd t/as NRMA Insurance v Iuli [2014] ACTCA 50
Court of Appeal of New South Wales
Penfold, Burns & Ross JJ
Insurance - motor vehicle accident - vehicle ran out of control - first defendant cyclist injured when he fell from bike after colliding with debris created by accident 40 minutes later when vehicle was still in position but not moving - driver held a CTP policy with appellant insurer issued under Road Transport (Third Party Insurance) Act 2008 (ACT) - Master refused to declare that accident involving cyclist was not a motor accident within the meaning of s7 - held: appeal to Court of Appeal was not competent - Master's refusal of declaration sought by appellant was an interlocutory order - any appeal lay, not to the Court of Appeal, but to a single judge of the Supreme Court - matter not within jurisdiction of Court of Appeal and should be referred to single judge for further consideration.
Insurance Australia Ltd t/as NRMA Insurance