Saul v Machalek & Anor

[2021] QCA 7 · Philippides and Mullins JJA and Brown J

In plain language

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)

Joint and several liability. The plaintiff received a single recovery of $104,792 — not the sum of the amounts shown below. The figures listed against each defendant are the judgment amounts recorded in the order; the defendants are jointly and severally liable, so the plaintiff is paid once.

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

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Saul v Machalek & Anor [2021] QCA 7

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