Kleeman v The Star Entertainment Group Limited and Another (No 2)
[2020] QSC 332 · Ryan J
John Kleeman, who ran his own case without a lawyer, claimed he injured his spine (at the L5/S1 disc) in an incident at Jupiter's Casino in November 2015. He sued two Star Entertainment companies for about $2.2 million. His case reached trial in October 2020, but after giving some evidence on the first day he said he felt unwell and then failed to appear for the remaining three days, sending only limited and unsatisfactory explanations. The court found he had made almost no proper preparation, had defied earlier court directions, and had not adequately explained his absences. The defendants also presented evidence casting doubt on whether the casino incident had caused any injury at all. Justice Ryan dismissed the whole claim as an abuse of process, finding the interests of justice required it. Kleeman was ordered to pay both companies' legal costs, some of it on the higher indemnity basis because of his unreasonable conduct. The court did not decide how much, if anything, his injuries were worth.
Incident & injury
Alleged injury to spine (L5/S1) arising from an incident at Jupiter's Casino
Read the findings as text
- Alleged brake failure. Luggage trolley collision.
- CCTV contradicted him. A companion swung the trolley.
- Claim dismissed. Late appeal refused, [2022] QCA 119.
- Body regions
- Lumbar / thoracic spine
- Diagnoses
- Alleged permanent injury to spine and disc at L5/S1
- Incident date
- 15 November 2015
- Location
- Jupiter's Casino, Queensland
Quick facts
- Date of judgment
- 29 October 2020
- Claim type
- PIPA Public Liability
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Not stated
- Liability
- Disputed
Outcome
The plaintiff's personal injury proceeding was dismissed under r 370 UCPR after the self-represented plaintiff failed to appear or adequately explain his absence on the second, third and fourth days of trial. The plaintiff was ordered to pay both defendants' costs, partly on the indemnity basis. No quantum was assessed.
Defendants (2)
1 The Star Entertainment Group Limited
Occupier (alleged; not properly a party)
2 The Star Entertainment QLD Limited
Occupier
Key issues
Kleeman v The Star Entertainment Group Limited and Another (No 2) [2020] QSC 332
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Learn more about public liability claims in Queensland.