Hoogendoorn v State of Queensland & Ors

Incident & injury

Various alleged incidents while imprisoned (2016-2020), including non-enrolment in courses, accommodation decisions, alleged mistreatment, failure to provide medical aids, assault by another prisoner, and other prison-related matters

Body regions

Abdomen / pelvis, Psychiatric/psychological (alleged), Abdominal (colitis), Left shoulder, Nasal/ent

Diagnoses

Alleged stress, anxiety, depression (no recognisable psychiatric injury established), Colitis, Nasal obstruction

Location

Southern Queensland Correctional Centre, Brisbane Correctional Centre, Palen Creek Correctional Centre, Borallon Training and Correctional Centre (Queensland)

Outcome

Self-represented applicant (former prisoner) sought leave under s 43 PIPA to start proceedings on 16 alleged personal injury claims against the State and Serco, and authorisation under s 18(1)(c)(ii) PIPA for non-compliant notices of claim. Jackson J granted authorisation under s 18(1)(c)(ii) for five claims (9th, 11th, 12th, 15th, 16th) where notices of claim were given outside the 9-month period under s 9(3)(a). The balance of the application was dismissed, with applicant ordered to pay Serco's costs on the standard basis.

Key issues

• PIPA s 43 leave to start proceeding
• PIPA s 18(1)(c)(ii) authorisation to proceed despite non-compliance
• PIPA s 9(3)(a) notice of claim time limit
• Limitation of Actions Act s 31 extension
• Limitation of Actions Act s 38 fraudulent concealment
• Prisoner claims
• Self-represented applicant
• Recognisable psychiatric injury
• Misfeasance in public office
• Duty of care to prisoners