Bosk v Burgess & QBE Insurance (Australia) Limited

[2022] QSC 79 · Wilson J

In plain language

The plaintiff was a young German tourist who was struck by a car when the driver lost control at a roundabout at Noosa Heads in 2014, resulting in the amputation of his left leg below the knee. He had earlier won a damages judgment, with liability admitted by the driver's insurer. This judgment dealt with two follow-up matters. First, the court corrected five mathematical errors in the original award using the 'slip rule', which increased the total to about $576,500 plus €932,600. Second, the court decided who should pay the legal costs. Because the insurer had made a formal settlement offer in 2017 that turned out to be worth more than the final judgment, the plaintiff was ordered to pay the insurer's costs for the period after that offer, while the insurer paid the plaintiff's costs up to the offer date. The court also agreed it was appropriate for the plaintiff to have used two barristers.

Incident & injury

The first defendant lost control of her car at a roundabout, drove onto the footpath and collided with the plaintiff, a pedestrian.

Body regions
Knee / lower leg, Left lower limb (Left)
Diagnoses
Below-knee amputation of left leg
Incident date
26 May 2014
Location
Noosa Heads, Queensland

Quick facts

Date of judgment
9 May 2022
Claim type
MAIA
Proceeding
Costs
Plaintiff outcome
Partial
Plaintiff age at injury
24
Occupation
Student
ISV assessed
61 uplift applied

Outcome

The court applied the slip rule to correct five calculation errors, increasing the judgment to $576,506.58 and €932,617.46. On costs, the court found the second defendant's 2017 offer was more favourable than the corrected judgment, so the plaintiff recovered costs only up to the offer date and had to pay the defendant's costs after that date; senior and junior counsel were certified for.

Defendant

1 QBE Insurance (Australia) Limited

CTP Insurer

Judgment against this defendant
$576,507
Heads of damage
General damages $167,760
Past care (Griffiths v Kerkemeyer) $40,000
Future care $80,000
Past special damages (plaintiff) $24,500
Interest on past special damages $1,411
Future special damages $33,332
Subtotal before refunds $626,507

Key issues

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Bosk v Burgess & QBE Insurance (Australia) Limited [2022] QSC 79

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