Cho v Hui and Anor
[2023] QDC 155 · Rosengren DCJ
In this case, the plaintiff was a 52-year-old rideshare driver and part-time real estate agent who was injured when the defendant reversed a Toyota Hilux out of an angled parking bay into the side of his Toyota Camry in November 2020. Liability was admitted, but the parties were far apart on quantum, with the plaintiff claiming over $263,000 and the defendants contending for just over $5,000. A central issue was whether the plaintiff's ongoing lower back symptoms were genuinely caused by the accident. The Court accepted the plaintiff as an honest witness, found that he had suffered a soft tissue musculo-ligamentous injury to his lower back together with a temporary aggravation of a pre-existing neck condition, and rejected the defendants' argument that any back injury had resolved. The Court accepted that the plaintiff continued to experience intermittent back pain, particularly with prolonged driving, but found that the injury was relatively modest and did not significantly restrict his ability to continue working.
Although the plaintiff continued to work long hours and in fact earned more after the accident than before it, the Court accepted that he had suffered a small but real loss of earning capacity because his back symptoms made driving and some real estate duties more difficult.
Incident & injury
Motor vehicle accident — plaintiff's Toyota Camry was struck by first defendant's Toyota Hilux which was reversing out of an angle parking bay
- Body regions
- Lumbar spine, Thoracic spine, Cervical spine, Head (headaches)
- Diagnoses
- Soft tissue musculo-ligamentous injury to lumbo-thoracic spine with continuing intermittent symptoms, Temporary aggravation of pre-existing cervical spine condition, Headaches
- Incident date
- 20 November 2020
- Location
- Baroona Road, Milton, Queensland
Quick facts
- Date of judgment
- 13 September 2023
- Claim type
- MAIA
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 52
- Occupation
- Rideshare driver and real estate agent Machinery Operator / Driver
- Liability
- Admitted
- ISV assessed
- 4 · Item 94 (minor thoracic or lumbar spine injury)
- Whole Person Impairment
- 6%
- Total damages
- $55,505
Outcome
Judgment for the plaintiff in the sum of $55,505. The court found the plaintiff had suffered a soft tissue musculo-ligamentous injury to his lower back with ongoing intermittent symptoms and a temporary aggravation of pre-existing neck symptoms; ISV assessed at 4 under Item 94.
Defendants (2)
Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (Allianz Australia Insurance Limited) is the actual payer of the judgment. The insured driver is named on the judgment but is not personally liable to satisfy it — the CTP policy responds.
1 David Singee Hui
Driver (tortfeasor)
- Judgment against this defendant
- $55,505
Heads of damage
| General damages | $6,480 |
|---|---|
| Past economic loss | $8,500 |
| Interest on past EL | $395 |
| Future loss of economic capacity | $35,000 |
| Past special damages (plaintiff) | $2,600 |
| Interest on past special damages | $30 |
| Future special damages | $2,500 |
| Subtotal before refunds | $55,505 |
2 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $55,505
Heads of damage
| General damages | $6,480 |
|---|---|
| Past economic loss | $8,500 |
| Interest on past EL | $395 |
| Future loss of economic capacity | $35,000 |
| Past special damages (plaintiff) | $2,600 |
| Interest on past special damages | $30 |
| Future special damages | $2,500 |
| Subtotal before refunds | $55,505 |
Key issues
Cho v Hui and Anor [2023] QDC 155
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