Kim v Liu
[2017] QDC 194
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- Unreported Judgment
- Kim v Liu[2017] QDC 194
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Kim v Liu[2017] QDC 194
Kim v Liu[2017] QDC 194
DISTRICT COURT OF QUEENSLAND
CITATION: | Soogyung Kim v Xiaoxia Liu & Anor (No 2) [2017] QDC 194 |
PARTIES: | SOOGYUNG KIM Plaintiff v XIAOXIA LIU First Defendant and ALLIANZ AUSTRALIA INSURANCE LIMITED Second Defendant |
FILE NO/S: | 4120/16 |
DIVISION: | Civil |
PROCEEDING: | Trial |
DELIVERED ON: | 23 June 2017 |
HEARING DATE: | On the papers |
JUDGE: | Bowskill QC DCJ |
ORDER: | As set out in paragraph [3] below. |
CATCHWORDS: | DAMAGES – Personal Injuries – No award of interest on general damages Civil Liability Act 2003 (Qld) s 60(1)(a) |
COUNSEL: | R Green for the Plaintiff N Jarro for the Second and Third Defendants |
SOLICITORS: | Park & Co Lawyers for the Plaintiff McInnes Wilson Lawyers for the Second and Third Defendants |
- [1]On 21 June 2017 I delivered my reasons in relation to this matter: Soogyung Kim v Xiaoxia Liu & Anor [2017] QDC 167.
- [2]The parties were asked to provide a form of judgment, reflecting these reasons (including as to interest) and also as to costs, if the parties were agreed; which they were.
- [3]The order agreed between the parties, and made on 23 June 2017, was as follows:
- Judgment for the Plaintiff against the Second Defendant for $10,301.97;
- In relation to paragraph 98(b) of the Judgment, there be no award for interest on general damages in accordance with s 60(1)(a) of the Civil Liability Act 2003 (Qld);
- No order as to costs up to 13 October 2016;
- The Plaintiff is to pay the Second Defendant’s costs assessed on a standard basis on the District Court scale from 14 October 2016.
- [4]Order 2 corrects an error in the reasons delivered on 21 June 2017, which at [56] and [98] incorrectly referred to the availability of an award of interest on general damages. Section 60(1)(a) of the Civil Liability Act 2003 expressly provides that a “court can not order the payment of interest on an award for general damages”.