Casey v Mannion & Anor [1990] QSC 456

10 20 _}O IN THE SUPREME COURT OF QUEENSLAND . CIVIL JURISDICTION BEFORE MR. JUSTICE SHEPHERDSON BRISBANE, 5 DECEMBER 1990 ~~--., ... ~--- .. --·---- ..... R[V!3EO COPIES ISSUED I Court Rep::;rting Bureau I Oata: // !}Kl °lo l (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter,Court Reporting Bureau.) BETWEEN: LYNDA JANE CASEY -and- BRIAN DAVID MANNION -and- SUNCORP INSURANCE & FINANCE ORDER Plaintiff Respondent Defendant Defendant Appellant by election HIS HONOUR: On 29 May 1990, Mr. Justice Carter formally entered judgment for the abovenamed plaintiff against the abovenamed defendant for $363,700 with costs of the action to be taxed. On 2 April 1990 he had earlier 10 20 . 30 40 40 50 60 handed down his reasons but deferred pronouncing his judgment formally until notice had been given personally to the plaintiff of His Honour's intention to make a protection order in favour of the Public Trustee pursuant to s.67 of the Public Trustee Act. The cause of action arose out of a collision on 27 November 1984 between a motor cycle, then ridden by the plaintiff, and a Ford Fl00 utility, then being driven by the defendant. The collision occurred at the intersection of 1 50 60 -- 1 of 3 -- 10 20 Kingston Road and Smith Road, Slacks Creek. The vehicles were travelling in opposite directions and the defendant's vehicle was turning right across the path of travel of the motor cycle. At the time the intersection was controlled by electrically operated traffic lights. The damages of $363,700 include $18,000 for expenses of the Public Trustee. An appeal was instituted. That matter came before the Full Court of the Supreme Court of Queensland yesterday and at that stage it appeared that discussions between counsel for the defendant by election, and counsel for the plaintiff, had resulted in the appeal being compromised by the substitution of a total award of $260,000 for the $363,700 ordered by the learned trial Judge. A term of compromise was that the compromise be sanctioned. Hence, the matter has come before me today. If I sanction the .30 matter it is to go back before the Full Court and then the Court will make certain orders, which have been agreed between the parties,· in re?pect of costs. On the issue of liability, it is clear that the learned trial Judge found that the sole cause of the 40 collision was the negligent driving of the defendant. This finding has been challenged. It appears that the learned trial Judge relied heavily on the evidence of an independent witness named, James. It also appears that at the trial the learned trial Judge ruled that a police officer, who had had. 50 a conversation with James shortly after the incident, was not allowed to refer to notes which he had made shortly after the incident. Those notes dealt ,'., ·with what is agreed on both sides was an important aspect of James' evidence. It does appear, and, of course, I'm not asked to 60 2 10 20 30 40 50 60 -- 2 of 3 -- ~- ( ' express any final view on the matter, that the ground of appeal dealing with the inadmissibility of the police officer's evidence does have some substance. Looking at the matter overall, and I should add I have had the benefit of the joint opinion of the plaintiff's 10 counsel, that is, Mr. White Q.C. and Mr. Grant-Taylor, and the synopsis of the appellant's proposed argument in the Full Court, it does seem to me that the plaintiff is at some risk in being able to hold the verdict on liability which she obtained from Mr. Justice Carter. 10 The plaintiff is 26 today. It appears that due to head injuries she is unable to properly manage her affairs and therefore the Public Trustee has been appointed and made protector of her estate. I have an affidavit from the plaintiff's solicitor, Mr. ~o Barry John Albert Ross of Gladstone. He does have instructions from the plaintiff, which instructions were taken with the assistance of the plaintiff's mother, Mrs Gabrielle Casey. The instructions so obtained are to the effect that the settlement now proposed is acceptable. 40 Looking at the matter overall, and taking into account all the material read before me this morning, it seems to me that the proposed compromise should be sanctioned, and I therefore order that the compromise whereby the appellant, Suncorp Insurance and Finance, do pay to the Public Trustee so upon behalf of the appellant/plaintiff the sum of $260,000 in lieu of the $363,700 assessed by Mr~ Justice Carter is approved and sanctioned. 60 As further orders are to be made by the Full Court the matter will be remitted back to it for further attention. 3 10 20 30 40 50 60 -- 3 of 3 --