Court of Appeal (Qld)|2002-08-23|Before: Davies and Williams JJA and White JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made.
Davies and Williams JJA and White JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made.
Catchwords
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 –
Source
Original judgment source is linked above.
Catchwords
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – RULES OFCONSTRUCTION – GENERALLY – where an insurerrequests informationfrom a claimant under s 45 Motor Accidents Insurance Act 1994 –whether the request is reasonable and made without undue delay – where anapplication by the claimant to dispensewith the compulsory conference isgranted following a request for information by the insurerSTATUTES – ACTS OF PARLIAMENT – INTERPRETATION – RULES OFCONSTRUCTION – GENERALLY – whether a claimfor gratuitous care fallswithin s 45 Motor Accidents Insurance Act 1994 as “financialloss” – whether s 45 relates only to special damages or includes allpecuniary loss – whetherclaimant must provide information to the insurerof claim for gratuitous care before compulsory conferenceDAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT– MEASURE OF DAMAGES – PERSONAL INJURIES –OTHER PECUNIARYDAMAGE – 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 55FMotor Accident Insurance
Regulation 1994 (Qld), s 10Uniform 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, consideredPickett v British Rail Engineering Ltd
[1980] AC 136, considered Van Gervan v Fenton [1992] HCA 54
(1991-1992)
175 CLR 327, considered
Judgment (9 paragraphs)
[1]
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 Act1994 (Qld) - purpose of notice provisions - purpose of statutory scheme Motor Accident Insurance Act1994 (Qld), s 3, s 10, s 34, s 37, s 41, s 45, s 47, s 51A, s 51B, s 51C, s 55F
[2]
Motor Accident Insurance Regulation 1994 (Qld), s 10