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[2002] QCA 310
Court of Appeal (Qld)
2002-08-23
Davies and Williams JJA and White JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made.
Original judgment source is linked above.
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - RULES OF CONSTRUCTION - GENERALLY - where an insurer requests information from a claimant under s 45 Motor Accidents Insurance Act 1994 - whether the request is reasonable and made without undue delay - where an application by the claimant to dispense with the compulsory conference is granted following a request for information by the insurer STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - RULES OF CONSTRUCTION - GENERALLY - whether a claim for gratuitous care falls within s 45 Motor Accidents Insurance Act 1994 as "financial loss" - whether s 45 relates only to special damages or includes all pecuniary loss - whether claimant must provide information to the insurer of claim for gratuitous care before compulsory conference DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - OTHER PECUNIARY DAMAGE - where claim for gratuitous care (Griffiths v Kerkemeyer damages) - whether gratuitous care is "financial loss" within s 45 Motor Accidents Insurance Act 1994 PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES - OTHER CASES - whether solicitors should be liable for costs where claim pursued aggressively INSURANCE - THIRD PARTY LIABILITY INSURANCE - MOTOR VEHICLES - COMPULSORY INSURANCE LEGISLATION - RIGHTS AND LIABILITIES OF INSURER IN RESPECT OF DEFENCE AND COMPROMISE - QUEENSLAND - construction of provisions of Motor Accident Insurance Act 1994 (Qld) - purpose of notice provisions - purpose of statutory scheme Motor Accident Insurance Act 1994 (Qld), s 3, s 10, s 34, s 37, s 41, s 45, s 47, s 51A, s 51B, s 51C, s 55F
Motor Accident Insurance Regulation 1994 (Qld), s 10
Uniform Civil Procedure Rules 1999, r 155 Donnelly v Joyce [1973] EWCA Civ 2; [1974] QB 454, considered
Gricelis v House [2000] HCA 42; (2000) 201 CLR 321, considered
Griffiths v Kerkemeyer [1977] HCA 45; (1976-1977) 139 CLR 161, considered
Kars v Kars [1996] HCA 37; (1996) 187 CLR 354, considered
Pickett v British Rail Engineering Ltd [1980] AC 136, considered
Van Gervan v Fenton [1992] HCA 54; (1991-1992) 175 CLR 327, considered
W Soffronoff QC, with K F Holyoak, for the applicant
Gitsham & Ors
Suncorp Metway Insurance Ltd [2002] QCA 310
(2000) 201 CLR 321
(1996) 187 CLR 354