Rosily v QBE Insurance (Australia) Ltd
[2022] QDC 100 · Allen QC DCJ
The plaintiff claimed she was injured when a school bus 'swiped' her car as she drove out of her property at South Maclean in June 2019, hurting her neck. She had a long-running grievance about buses using a gravel area outside her home as a school bus stop. The CTP insurer denied liability, arguing there was no collision at all. The case turned entirely on whose account the judge believed. The judge found the plaintiff a wholly unconvincing witness who exaggerated her injuries, and preferred the evidence of an eyewitness and the bus driver, supported by CCTV footage, that no collision occurred. The judge found the plaintiff most likely drove deliberately at the bus as part of her protest, or failed to keep a proper lookout, and that her sudden stop was not caused by the driver's negligence. The plaintiff failed to prove any negligence or injury. Judgment was entered for the defendant and the plaintiff was ordered to pay costs.
Incident & injury
Plaintiff drove her vehicle down her driveway towards a school bus executing a turn into a gravel bus stop area; she skidded to a sudden stop near the bus (no actual collision) and alleged cervical spine injury.
Read the findings as text
- Swiped by the school bus. Her pleaded case.
- No collision, no breach. Most likely deliberate, as a protest.
- $0 recovered, pays costs. [2022] QDC 100.
- Body regions
- Cervical spine
- Diagnoses
- Alleged cervical spine injury (not established)
- Incident date
- 3 June 2019
- Location
- 1-5 Crest Road, South Maclean
Quick facts
- Date of judgment
- 29 April 2022
- Claim type
- MAIA
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Not stated
- Liability
- Disputed
- Total damages
- $0
Outcome
Judgment for the defendant. The court found the plaintiff lacked credibility, that there was no collision between her vehicle and the bus, and that any sudden stop resulted from her own deliberate conduct or failure to keep a proper lookout rather than the bus driver's negligence. The plaintiff failed to establish breach or injury and was ordered to pay the defendant's costs.
Defendant
1 QBE Insurance (Australia) Ltd
CTP Insurer
- Judgment against this defendant
- $0
Key issues
Rosily v QBE Insurance (Australia) Ltd [2022] QDC 100
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Learn more about motor vehicle accident claims in Queensland.