Bosk v Burgess & QBE Insurance (Australia) Limited
[2022] QSC 79 · Wilson J
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
Quick facts
- Date of judgment
- 9 May 2022
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 24
- Occupation
- Student
- Liability
- Admitted
- ISV assessed
- 61 uplift applied
- Total damages
-
$2,078,548
97th percentile · MAIA matters (n=30)
This recovery includes EUR 932,617.46 converted to AUD 1,502,041.33 at the rate A$1 = 0.6209 EUR (Court's own conversion at [2022] QSC 79 at [46]: the Court stated both the rate and the resulting AUD total of $2,078,547.91).
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 and EUR 932,617.46
Heads of damage
| General damages | $167,760 |
|---|---|
| Past care (Griffiths v Kerkemeyer) | $40,000 |
| Future care | $80,000 |
| Past special damages (plaintiff) | $300,325 |
| Interest on past special damages | $2,199 |
| Future special damages | $36,222 |
| AUD subtotal before refunds | $626,507 |
| Past economic loss (EUR converted) | $120,283 |
| Interest on past EL (EUR converted) | $3,956 |
| Future loss of economic capacity (EUR converted) | $293,013 |
| Future superannuation (EUR converted) | $39,263 |
| Future special damages (EUR converted) | $1,045,527 |
| EUR subtotal, AUD-converted | $1,502,041 |
| Combined total (AUD + converted) | $2,128,548 |
The schedule above itemises the AUD component of the judgment plus the converted damages that were awarded in EUR, using an exchange rate of 0.6209 EUR per AUD.
Key issues
Bosk v Burgess & QBE Insurance (Australia) Limited [2022] QSC 79
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