Doroghazi v Hall & Anor [1991] QSC 402

TRANSCRIPT OF PROCEEDINGS State Reporting Bureau, 4th Floor, The Law Courts, George Street, BRISBANE, 0. 4000 Tel. (07) 227.4360 (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 Repor.-..ing Bureau.) SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION THOMAS J No 2119 of 1989 JOHN ANDREW DOROGHAZI and WAYNE MAURICE HALL and VALDA JOY HALL BRISBANE .. DATE 13/12/91 ORDER REVISED COP:.Es -ISSUED ! Court Renorting Bu I ..!.;£ '· reau I Date. ~t t6 . , · .. 2 ·1Al992- Plaintiff Defendants 1 -- 1 of 2 -- 10 20 30 40 50 60 131291 ORDER HIS HONOUR: Gentlemen, I have had a good look at the material and I have come to the conclusion that it is premature to make any acceptance of an offer of this kind. No police report has yet been obtained and it seems to me to be a case where, before any settlement should be negotiated, the utmost steps should be taken to endeavour to obtain evidence, if necessary, by conference with the investigating police officer with the consent of the commissioner of Police . Efforts should be made to ascertain the contents of any police notebook in relation to the matter. The points of considerable importance, of course, will be the question of the part of the defendants' car that was involved in the collision and also any light that can be cast as to the position on the roadway where the impact occurred. It may be that nothing of any value will turn up out of those matters, but they seem to be of considerable potential value in any informed decision on what the plaintiff should do. I may say that I have had the advantage of seeing material from both sides and that, of course, includes something of the police report so far as the formal parts that are easily ascertainable are concerned .. There remains the question mark on the points that I have indicated so far as that particular source is concerned. It ~eems to me, without in any way seeking to bind any further negotiations that may occur between the parties, that the plaintiff should at least be thinking of something closer to 50 per cent so far as a risk factor is concerned having regard to the fact that the proof of any negligence, ,,.... __ ,.. o..-in+ ..... Olrl 2 10 20 30 40 50 60 -- 2 of 2 --