Lawson v Munns & Insurance Commission of Western Australia

[2026] QDC 52 · Kahler DCJ

In plain language

Alistair Lawson, a 32-year-old civil construction supervisor, was hurt while working as a pedestrian on a road works site near Ayr when a car left the road, hit several parked vehicles and struck him. He suffered a closed fracture of his left fibula. The other driver admitted fault, so the only question was how much the injury was worth. The driver's interstate insurer (the Insurance Commission of Western Australia) argued the plaintiff had fully recovered, while the plaintiff said he still had ongoing knee pain, a limp and muscle wasting in his left leg. The judge accepted the plaintiff continued to have some symptoms and a reduced ability to do heavy standing-and-walking work, but noted he had kept working consistently in well-regarded supervisory roles. The court awarded $173,658.70 in total, including $125,000 for reduced future earning capacity (calculated globally with a large discount).

Incident & injury

Plaintiff was a pedestrian supervising road works when a vehicle driven by the first defendant left the roadside, collided with parked vehicles and struck him

Diagnoses
Closed fracture of left proximal third of fibula, Chronic pain, Left quadricep muscle wasting
Incident date
29 March 2022
Location
Home Hill Road, Ayr, Queensland

Quick facts

Date of judgment
6 May 2026
Claim type
MAIA
Plaintiff outcome
Successful
Plaintiff age at injury
32
Occupation
Supervisor in civil construction (road building) Manager
Liability
Admitted
ISV assessed
4 · Item 136 (minor lower limb injury) Civil Liability Regulation 2014 Sch 7
Whole Person Impairment
3%
Total damages
$173,659

Outcome

Liability was admitted; the dispute concerned quantum only. The court accepted the plaintiff suffered ongoing left leg symptoms (pain, limp and quad wasting) caused by the fibula fracture and entered judgment for the plaintiff against both defendants for $173,658.70, with future economic loss assessed globally at $125,000.

Defendants (2)

Joint and several liability. The plaintiff received a single recovery of $173,659 — not the sum of the amounts shown below. The figures listed against each defendant are the judgment amounts recorded in the order; the defendants are jointly and severally liable, so the plaintiff is paid once.

Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (Insurance Commission of Western Australia) is the actual payer of the judgment. The insured driver is named on the judgment but is not personally liable to satisfy it — the CTP policy responds.

1 Donald Ian Munns

Driver

Judgment against this defendant
$173,659
WorkCover refund
$3,106
Heads of damage
General damages $6,520
Past economic loss $12,274
Interest on past EL $1,203
Past superannuation $1,166
Future loss of economic capacity $125,000
Future superannuation $15,000
Past special damages (plaintiff) $1,392
Past special damages (WorkCover) $3,106
Interest on past special damages $136
Future special damages $7,861

2 Insurance Commission of Western Australia

CTP Insurer

Judgment against this defendant
$173,659
WorkCover refund
$3,106
Heads of damage
General damages $6,520
Past economic loss $12,274
Interest on past EL $1,203
Past superannuation $1,166
Future loss of economic capacity $125,000
Future superannuation $15,000
Past special damages (plaintiff) $1,392
Past special damages (WorkCover) $3,106
Interest on past special damages $136
Future special damages $7,861

Key issues

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Lawson v Munns & Insurance Commission of Western Australia [2026] QDC 52

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