Kleeman v The Star Entertainment Group Limited & Anor
[2022] QCA 119 · Fraser JA (Sofronoff P and Mullins JA agreeing)
The applicant represented himself in a claim for damages against the operators of Jupiters Hotel & Casino on the Gold Coast. He said a luggage trolley collided with him at the hotel entrance in November 2015, injuring his lower back, after the trolley's brake allegedly failed and it rolled down a slope. After giving evidence on the first day of trial, he stopped appearing, citing illness, and the trial judge dismissed his claim. He then applied to the Court of Appeal, more than two months late, for an extension of time to appeal so he could obtain a re-trial. The court refused. It found he had no satisfactory explanation for the delay and that his case could not succeed anyway: CCTV footage showed his companion, not a failed brake, caused the trolley to swing, and he had no expert medical evidence to prove the injury. His claim had also been contradicted by evidence he gave in an earlier case. The application was dismissed with costs.
Incident & injury
Luggage trolley swung and collided with the applicant at the hotel entrance while luggage was being loaded; applicant alleged the trolley brake failed and it rolled down a slope into him
- Body regions
- Lumbar spine
- Diagnoses
- Alleged permanent damage to spine and disc L5/S1
- Incident date
- 15 November 2015
- Location
- Jupiters Hotel & Casino, Gold Coast
Quick facts
- Date of judgment
- 5 July 2022
- Claim type
- PIPA Public Liability
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Carer for his de facto partner; not employed at the time of incident (previously chairman of a charity organisation) Community & Personal Service Worker
- Liability
- Disputed
- Total damages
- $0
Outcome
The self-represented applicant sought an extension of time to appeal the dismissal of his personal injury claim, which had been dismissed after he failed to appear on the second, third and fourth days of trial. The Court of Appeal found there was no adequate explanation for the two-month delay and, in any event, the CCTV footage contradicted his pleaded case (the trolley brake did not fail) and he had no expert evidence to prove injury. The application was dismissed with costs.
Defendants (2)
1 The Star Entertainment Group Limited
Alleged owner/operator
- Judgment against this defendant
- $0
2 The Star Entertainment Qld Limited
Occupier and Casino Licence Holder
- Judgment against this defendant
- $0
Key issues
Kleeman v The Star Entertainment Group Limited & Anor [2022] QCA 119
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