Johnson v Fraser Coast Regional Council

DISTRICT COURT OF QUEENSLAND CITATION: Johnson v Fraser Coast Regional Council [2020] QDC 199 PARTIES: CLINTON JAMIE JOHNSON (plaintiff/applicant) v FRASER COAST REGIONAL COUNCIL (defendant/respondent) FILE NO/S: 138 of 2016 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT: District Court of Queensland DELIVERED ON: 20 August 2020 DELIVERED AT: Brisbane HEARING DATE: 17 August 2020 JUDGE: Loury QC DCJ ORDER: The application is refused. CATCHWORDS: CIVIL LAW – PERSONAL INJURY – where it is alleged the plaintiff suffered an injury in the course of his employment – where the plaintiff applies for a ruling that the defendant is not entitled to pursue a case that the plaintiff has intentionally embellished or overstated the effect of the claimed injury – where the plaintiff argues that such an argument amounts to fraud and is thereby is a matter that is required to be pleaded pursuant to s 150(1)(f) of the Uniform Civil Procedure Rules 1999 Uniform Civil Procedure Rules 1999 r 150 Carswell v KBRV Resort Operations Pty Ltd [2017] QSC 239 COUNSEL: RC Morton and JM Sorbello for the plaintiff WDP Campbell for the defendant SOLICITORS: Morton & Morton Solicitors for the plaintiff Jensen McConaghy Lawyers for the defendant The plaintiff applies for a ruling that the defendant is not entitled to pursue a case that the plaintiff has intentionally embellished or overstated the effect of the claimed injury upon him. It is argued that such a case would amount to a claim of fraud and accordingly rule 150(1)(f) of the Uniform Civil...