Saul v Machalek & Anor
[2021] QCA 7 · Philippides and Mullins JJA and Brown J
Mr Saul was a professional motorcycle stuntman who, in September 2014, was knocked off his bicycle by a car driven by the first respondent. He suffered fractures of his right fibula and tibia and later developed a knee condition. He was already recovering from an earlier work-related left knee operation at the time. The driver's insurer admitted responsibility for the crash, and the District Court awarded him about $104,800. Mr Saul applied for leave to appeal, arguing he should have received more for lost income, because the crash had cost him his full-time 'lead rider' role. The Court of Appeal disagreed. It found the trial judge was entitled to conclude the crash did not delay his return to work or cause him to lose his lead-rider position, and that his ongoing knee pain was only mild to moderate. The application for leave to appeal was refused with costs, leaving the original award in place.
Incident & injury
Cyclist knocked off his bicycle when struck by a motor vehicle driven by the first respondent
- Body regions
- Knee / lower leg, Right leg, Right knee (Right)
- Diagnoses
- Right tibia fracture, Right fibula fracture, Moderate patellofemoral chondromalacia (right knee)
- Incident date
- 20 September 2014
- Location
- Southport region, Queensland
Quick facts
- Date of judgment
- 29 January 2021
- Claim type
- MAIA
- Proceeding
- Appeal
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- 29
- Occupation
- Professional motorcycle stuntman Machinery Operator / Driver
- Liability
- Admitted
- Total damages
- $104,792
Outcome
The Court of Appeal refused Mr Saul's application for leave to appeal (with costs) from a District Court judgment of $104,791.95. The Court held the primary judge's findings, that the right-leg injury did not cause the loss of his lead-rider role and that his right-knee pain was not significant before May 2017, were open on the evidence, so the trial award stands.
Defendants (2)
Under the Motor Accident Insurance Act 1994 (Qld), the CTP insurer (Allianz Australia Insurance Limited) 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 Paul Machalek
Driver/Tortfeasor
- Judgment against this defendant
- $104,792
2 Allianz Australia Insurance Limited
CTP Insurer
- Judgment against this defendant
- $104,792
Key issues
Saul v Machalek & Anor [2021] QCA 7
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.
Learn more about motor vehicle accident claims in Queensland.