Home » Personal Injury Quantum Database (Qld) » Liu v The Body Corporate for the Winston (Cairns) Community Titles Scheme 37263

Liu v The Body Corporate for the Winston (Cairns) Community Titles Scheme 37263

[2024] QDC 228 · Porter KC DCJ

In plain language

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

📑 Cite this case (AGLC4)

Liu v The Body Corporate for the Winston (Cairns) Community Titles Scheme 37263 [2024] QDC 228

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About the reviewer

Sean J. Roche
Director and Principal Solicitor, Roche Legal

Sean is the Director of Roche Legal and leads the firm's Springwood office. He holds a Bachelor of Laws from the Queensland University of Technology and a Bachelor of Business Management from the University of Queensland. Sean was admitted to practice in the Supreme Court of Queensland in 2016 and in the High Court of Australia in 2018, and holds an unrestricted principal practising certificate. He is a member of the Queensland Law Society and the Australian Lawyers Alliance.

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