Jaksa v Sweeny & Anor
[2025] QDC 2 · Cash DCJ
A 24-year-old nail technician was injured when another driver rear-ended her stationary car in heavy traffic on Caloundra Road in March 2021. The driver's insurer admitted fault for the crash and accepted that she suffered a neck injury, but disputed her claim that she also suffered a serious, continuing right shoulder injury. She claimed almost $850,000. The judge examined a series of social media photos and videos posted over more than two years, including her sitting on a high fence shortly after the crash, holding a fish on a boat, and dancing with a mop at a staff party. He found these were inconsistent with the constant, severe pain she described, and that she had been untruthful on several other matters. The judge concluded she had not proved the shoulder injury and that her neck injury was minor and had largely improved. He awarded $148,826.49 in total, mostly for past and future loss of earning capacity, assessed on a broad basis because he could not rely on her own evidence about her work limitations.
Incident & injury
Rear-end collision while the plaintiff's car was stationary in heavy traffic; the first defendant's dual-cab Toyota Hilux collided with the rear of the plaintiff's compact sedan.
Read the findings as text
- A shoulder injury too? Nearly $850,000 claimed.
- Neck injury accepted. Shoulder not proved.
- $148,826 awarded. Minor neck injury, [2025] QDC 2.
- Body regions
- Cervical spine
- Diagnoses
- Musculoligamentous cervical spine injury (minor)
- Incident date
- 25 March 2021
- Location
- Caloundra Road, Caloundra (Sunshine Coast)
Quick facts
- Date of judgment
- 30 January 2025
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- 24
- Occupation
- Nail technician Community & Personal Service Worker
- Liability
- Partial
- ISV assessed
- 5 uplift applied · Item 89 (minor cervical spine injury), Civil Liability Regulation Schedule 3
- Total damages
- $148,826
Outcome
The court accepted the admitted cervical spine (neck) injury but found the plaintiff had not proved the more serious right shoulder injury she pleaded, largely because social media images and other inconsistencies undermined her credibility. Damages were assessed at $148,826.49, far below the nearly $850,000 claimed.
Defendant
1 QBE Insurance (Australia) Limited
CTP Insurer
- Apportionment
- 100%
- Judgment against this defendant
- $148,826
Heads of damage
| General damages | $8,100 |
|---|---|
| Past economic loss | $50,000 |
| Interest on past EL | $2,944 |
| Past superannuation | $2,625 |
| Future loss of economic capacity | $75,000 |
| Past care (Griffiths v Kerkemeyer) | $2,400 |
| Future care | $2,000 |
| Past special damages (plaintiff) | $3,345 |
| Fox v Wood | $2,412 |
| Subtotal before refunds | $148,826 |
Key issues
Jaksa v Sweeny & Anor [2025] QDC 2
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