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
On 21 June 2017 I delivered my reasons in relation to this matter: Soogyung Kim v Xiaoxia Liu & Anor [2017] QDC 167.
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.
The order agreed between the parties, and made on 23 June 2017, was as follows:
1.Judgment for the Plaintiff against the Second Defendant for $10,301.97;
2.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);
3.No order as to costs up to 13 October 2016;
4.The Plaintiff is to pay the Second Defendant’s costs assessed on a standard basis on the District Court scale from 14 October 2016.
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”.