Day & Anor v Woolworths Group Limited & Ors
[2021] QCA 42 · Henry J
Olga Day claimed she slipped on a shallot while shopping at Woolworths and suffered soft tissue injuries and an aggravation of pre-existing psychiatric conditions. She sued for damages but refused to attend medical examinations by the defendants' experts, which she was required to do under personal injury legislation. Because of that refusal her claim was first stayed and then permanently stayed. Representing herself, Mrs Day brought three appeals and an application for an extension of time, arguing among other things that judges were biased against her, that her case had been wrongly handled, and that opposing lawyers should be restrained from acting. The Court of Appeal dismissed every appeal and application, finding none had merit and that her refusal to be examined was the self-inflicted obstacle blocking her claim. She was ordered to pay costs, and her case could not proceed further.
Incident & injury
Slipped on a shallot while shopping at Woolworths
- Body regions
- Multiple regions / generalised, Psychiatric
- Diagnoses
- soft tissue injuries, aggravation of pre-existing psychiatric conditions
- Incident date
- 18 December 2014
- Location
- Woolworths supermarket
Quick facts
- Date of judgment
- 12 March 2021
- Claim type
- PIPA Public Liability
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Occupation
- Not stated
Outcome
Mrs Day's three appeals and an application for an extension of time to appeal were all dismissed with costs, along with various other applications. The Court of Appeal upheld orders that included an injunction restraining her communications with the defendants' insurer and the permanent stay of her personal injuries claim arising from her continued refusal to undergo medical examinations required under s 25(2) of the Personal Injuries Proceedings Act.
Key issues
Day & Anor v Woolworths Group Limited & Ors [2021] QCA 42
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