Giles v State of Queensland

DISTRICT COURT OF QUEENSLAND CITATION: Giles v State of Queensland [2020] QDC 332 PARTIES: PETER GILES (plaintiff) v STATE OF QUEENSLAND (defendant) FILE NO: 4988/2015 DIVISION: Civil PROCEEDING: Trial ORIGINATING COURT: District Court of Queensland DELIVERED ON: 18 December 2020 DELIVERED AT: Brisbane HEARING DATE: 26, 27, 28, 29, 30 October, and 2 and 4 November 2020 JUDGE: Reid DCJ ORDER: Judgment for the defendant. Plaintiff pay defendant’s cost on standard basis since 5 March 2015. CATCHWORDS: CIVIL – NEGLIGENCE - PERSONAL INJURY – PSYCHIATRIC INJURY - LIABILITY – ASSESSMENT OF DAMAGES - where plaintiff worked as a fire fighter with QFRS for 27 years – where he alleges he suffered psychiatric injury in the course of employment with the defendant- where the plaintiff alleges he suffered this injury at Slacks Greek fire incident in 2011 where people of Samoan origin including eight children lost their lives– where the plaintiff alleges at the night of the fire he was not adequately welfare checked by the defendant- where the plaintiff alleges that he was required to work for an excessive period - where the plaintiff is seeking damages for his injury as a result of defendant’s negligence   LEGISLATION: Crown Proceedings Act 1980 (Qld) Workers’ Compensation and Rehabilitation Act 2003 (Qld) ss 305B, 305D CASES: Hegarty v Queensland Ambulance Service [2007] QCA 366 COUNSEL: Mr T Matthews QC and Mr C Newton for the plaintiff Mr M Grant-Taylor QC and Ms J McClymont for the defendant SOLICITORS: Hall Payne Lawyers for the...