National Injury Insurance Agency, Queensland v Harrison
[2021] QSC 253 · Kelly J
Joshua Harrison was 22 when he suffered serious injuries, including a severe traumatic brain injury, as a passenger in a car that left the road and hit a tree in January 2017. Because of his ongoing brain injury he became a lifetime participant in the National Injury Insurance Scheme, which funds his treatment, care and support for life regardless of fault. He also has a common-law claim against the at-fault driver's insurer, Suncorp, which admitted the driver was negligent but argued Harrison was 50% to blame for travelling with an intoxicated driver. The Scheme's agency applied to the court to formally approve a notice preserving Harrison's right to later choose between a lump sum for his care needs or staying in the Scheme. The court found Harrison was a person under a legal disability, his mother having been appointed his administrator, and decided it was in his best interests to approve the notice. The court also treated his mother's late consent to act as his litigation guardian as a minor procedural irregularity that did not invalidate earlier steps.
Incident & injury
Passenger in a car which left the road and collided with a tree
- Body regions
- Head
- Diagnoses
- Severe traumatic brain injury, Major neurocognitive disorder with associated behavioural disturbance
- Incident date
- 6 January 2017
Quick facts
- Date of judgment
- 8 October 2021
- Claim type
- MAIA
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Plaintiff age at injury
- 22
- Occupation
- Apprentice cabinet maker Technician / Trade Worker
- Whole Person Impairment
- 54%
Outcome
The court sanctioned the respondent's preservation notice under s 41(7) of the National Injury Insurance Scheme (Qld) Act 2016, finding the respondent was a person under a legal disability and that sanction was in his best interests, and declared the litigation guardian's late-filed consent an irregularity that did not invalidate prior steps.
Key issues
National Injury Insurance Agency, Queensland v Harrison [2021] QSC 253
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