Liu v The Body Corporate for the Winston (Cairns) Community Titles Scheme 37263
[2024] QDC 228 · Porter KC DCJ
The case was mainly a body corporate debt claim: the Body Corporate sued Mr Liu for unpaid levies, penalty interest and recovery costs. Mr Liu defended the claim and brought a broad counterclaim, trying to raise issues about overpayments, water damage, lost rent, opportunity loss, discrimination and alleged damage to his health. The personal injury allegations were not the main case - they were part of Mr Liu’s counterclaim. The Court said those allegations were confused and, to the extent they claimed damages for personal injury or mental health harm, they could not be pursued without first complying with the Personal Injuries Proceedings Act 2002 (Qld). Those parts were struck out, and the appeal failed.
Quick facts
- Date of judgment
- 21 November 2024
- Claim type
- Other
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Occupation
- Not stated
Outcome
Appeal from Magistrates Court orders striking out parts of Mr Liu's counterclaim (including purported personal injury and discrimination claims) was dismissed. The Court held the Magistrates Court had jurisdiction and that the personal injury claims could not be pursued without compliance with PIPA pre-litigation procedures. Mr Liu was ordered to pay costs on the indemnity basis.
Key issues
Liu v The Body Corporate for the Winston (Cairns) Community Titles Scheme 37263 [2024] QDC 228
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