E-G v Moodoonuthi
[2023] QDC 34 · Fantin DCJ
A young Chilean tourist, referred to by the pseudonym E-G, was sexually assaulted, punched and stabbed by a man working at a Cairns backpacker hostel in August 2019. He was later convicted and jailed for the attack. She brought a personal injury claim against both the attacker and the hostel operator, alleging the hostel failed to keep her safe. Before the claim could proceed, she applied to the District Court for an order requiring the attacker to hand over his full criminal history and sentencing records, arguing this information could help explain why the attack happened and whether the hostel should have foreseen the risk. The attacker, who was self-represented with the help of a McKenzie friend, opposed the application. The court granted the order, finding the criminal history was information about the circumstances of, or reasons for, the incident under the pre-court disclosure rules. This was a procedural ruling and did not decide damages.
Incident & injury
Sexual assault, physical assault (punching) and stabbing by a hostel worker; victim suffered facial fractures, a knife wound to the arm and a forceful stab wound to the upper chest/lower neck penetrating to the spine and fracturing vertebrae
- Body regions
- Lumbar spine, Face/nose, Upper arm, Upper chest/neck, Spine, Psychiatric
- Diagnoses
- Broken nose, Stab wound to upper arm, Stab wound to upper chest/lower neck, Vertebral fracture (two winglets), Psychological injury
- Incident date
- 5 August 2019
- Location
- Gecko's Backpackers hostel, Cairns
Quick facts
- Date of judgment
- 6 March 2023
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Tourist Not stated
Outcome
The court allowed the applicant's pre-litigation application under s 27(1)(b)(i) of the Personal Injuries Proceedings Act 2002 (Qld), ordering the respondent (her convicted assailant) to disclose his entire Queensland criminal history and sentencing transcripts, finding these were information about the circumstances of, or reasons for, the incident.
Key issues
E-G v Moodoonuthi [2023] QDC 34
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