Ballard v Callaghan & Suncorp General Insurance Ltd [2000] QSC 351

State "3/lct.3~ Reporting Bureau scoo/351 TRANSCRIPT OF PROCEEDINGS Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J No 82 of 2000 RICHARD MICHAEL BALLARD and PETRINA GAYLE CALLAGHAN and SUNCORP GENERAL INSURANCE LIMITED (ACN 075 965 966) CAIRNS .. DATE 25/07/2000 JUDGMENT 1 -Ith l lrn1r, The I.aw Courts, (;t•orge Stred, l\rish:im•, Q. ,4()()() -----·--····--···-· r Rfi;.VJSED.CDPlE~.: .. ;:jfD l State Rer,:;:ornng L0r$a,q, I Date 2f';. ~ I lO_'o?~ Applicant First Respondent Second Respondent Tdq>hnnl': (07) JZ-47 4J60 Fax: (07) JZ-47 .5.5JZ -- 1 of 3 -- 25072000 D.1 T1/VC M/T CNS465/99 (Jones J) HIS HONOUR: In this matter the plaintiff applies to have an action commenced in the District Court transferred to the Supreme Court. The plaintiff who was born on 3 December 1970, was injured in a motor vehicle collision on 29 October 1995. He seeks damages for the injuries sustained in that collision. Tendered before me in support _of application is a bundle of medical reports which indicate that the plaintiff sustained a reasonably serious injury to his right leg, which particularly has interfered with his capacity to earn income. The plaintiff is presently 29 years of age. He has, since the accident, attempted to work in his capacity as a panel beater and spray painter. Because of the difficulties which he experienced in that work he has really been unable to gain employment. To overcome this difficulty he has entered into an arrangement with a proprietor of a panel beating and spray painting business which initially was regarded as a partnership, but subsequently regarded as a sub-contractual arrangement. This experience has shown that the plaintiff has suffered quite significant loss of _his capacity to earn income and that satisfies me that there are reasonable prospects in the event that the plaintiff can prove liability in the action, that his claim will exceed the jurisdictional limit of the District Court. 2 JUDGMENT 10 20 30 40 50 60 -- 2 of 3 -- 2,5072000 D. 1 T1 /VC M/T CNS465/99 (Jones J) The counsel retained by the plaintiff is of that view also and it seems in those circumstances proper that the matter be transferred to the Supreme Court at Cairns. I will therefore make the order that the District Court action D71 of 1998 be removed to the Supreme Court Cairns Central Registry. I further order that the costs incurred in the District Court action be costs in the cause. I order that the costs of and incidental to this application be reserved. 3 JUDGMENT 10 20 30 40 50 60 -- 3 of 3 --