Clements v Margalit & ors
[2025] QDC 197 · Grigg DCJ
Madonna Clements is suing the driver of a vehicle and its compulsory third-party insurer for personal injuries she says she suffered in a car accident in July 2019. She claims ongoing pain in her head, neck, lower back and pelvis, plus headaches, dizziness and vertigo that limit her daily activities and recreation. Liability was admitted, so the only issue left is how much she should receive. This particular decision dealt with a request by the insurer for disclosure. Since the accident, the plaintiff had taken several overseas hiking trips, including treks in the Arctic Circle, Uganda, Tasmania and Spain. The insurer wanted documents, photographs, videos and social media posts about these trips to test whether her claimed injuries matched her ability to undertake demanding hikes. The plaintiff objected, arguing the request was too broad, burdensome and an invasion of privacy. The court rejected those objections, finding the material was directly relevant to her claimed disabilities and not unreasonably onerous to provide. It ordered her to disclose the material within 14 days and to pay the insurer's costs.
This case is a warning to injured plaintiffs who do not wish to comply with legislated disclosure obligations when bringing a claim for damages.
Incident & injury
Motor vehicle accident
- Body regions
- Brain / head, Head, Cervical spine, Lumbar spine, Pelvis
- Diagnoses
- Ongoing pain to right forehead, cervical spine, lumbar spine, pelvis, Headaches, Dizziness, Reduced balance, Vertigo
- Incident date
- 31 July 2019
Quick facts
- Date of judgment
- 11 December 2025
- Claim type
- MAIA
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The CTP insurer's application for disclosure was granted. The plaintiff was ordered to provide a statutory declaration detailing her overseas hiking trips and to deliver photographs, video footage and social media posts (on a USB stick) documenting those activities, within 14 days, and to pay the insurer's costs of the application on a standard basis.
Key issues
Clements v Margalit & ors [2025] QDC 197
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