CTP Recent Cases
Recent Compulsory Third Party cases showing how Queensland courts approach injury compensation, liability and insurance disputes after motor vehicle accidents — and what makes the difference between a strong claim and a weak one.
Towell v Mooney & Allianz Australia Insurance Ltd [2023] QDC 130
A 31-year-old childcare worker whose injuries held back her intended career progression. The insurer attacked her credibility over undisclosed medical history, but the Court accepted her explanation and her evidence — supported by a witness who had progressed in similar work — that the injury cost her a career opportunity.
Eustace v Dubrava & Anor [2023] QDC 100
A 42-year-old man rear-ended at low speed while stationary at traffic lights, against a backdrop of significant pre-existing conditions. The Court found his evidence inconsistent and held the accident caused only a temporary exacerbation of existing problems, rejecting any economic loss and awarding modest damages.
Baldock-Davis v Popham & Anor [2023] QSC 24
A pedestrian injured when a car collided with a wall that fell onto her. Liability was admitted, but surveillance and social media evidence showed her playing semi-professional soccer and living an active life inconsistent with what she reported to medico-legal experts — significantly discrediting the claim.
Busch v Parker & Anor [2022] QSC 211
A 48-year-old man rear-ended at an intersection in Mt Isa who ran his case self-represented, without legal advice. The Court found the accident minor and any injury a very small exacerbation of pre-existing problems, with no economic loss. A cautionary tale about going it alone.
Ketchell v RACQ Insurance Limited [2021] QDC 307
Struck by an out-of-control car while standing outside a hotel in Ingham. The insurer admitted liability but attacked inconsistencies in how he reported his injuries. The Court accepted he was not trying to mislead anyone and that the injuries had caused real economic loss.
Kate Ann Sutton v Lauren Nicole Hunter [2021] QSC 249
A 44-year-old woman with minor physical injuries who developed Post-Traumatic Stress Disorder. The Court accepted the PTSD delayed her return to work, but preferred psychiatric evidence that it would settle enough for her to work at least 20 hours a week in future, moderating the award.
Allen v O'Donnell & Anor [2021] QSC 63
A 49-year-old man injured in a high-speed head-on collision while driving his family from Townsville to Brisbane, suffering spinal, knee, facial, head, brain, rib and abdominal injuries plus a serious psychological injury. The Court awarded generous sums for economic loss and substantial past and future care.
Bosk v Burgess & Anor [2021] QSC 338
A 31-year-old German tourist struck by an out-of-control vehicle at Noosa, resulting in a below-knee amputation. With the plaintiff back in Germany, the trial turned on economic loss and the lifelong cost of replacement prosthetics every four years.
Seiffert v Chadwick & TAC [2021] QDC 8
A 33-year-old construction worker who stepped away from working on the tools into lower-paid union work after his accident. The Court accepted him as a credible witness and found the career change — and the income loss that came with it — was caused by the accident.
Behmen v Fogg [2019] QDC 231
A 20-year-old administration worker rear-ended at Springwood. The Court found she increasingly exaggerated her symptoms, accepted she had recovered from the spinal injury within 18 months, and made no allowance for future economic loss.
Shepherd v Nominal Defendant [2020] QSC 209
A motorcyclist who sued the Nominal Defendant over an unidentified driver after losing control and hitting a gutter at 2:30am. Head trauma made his recall unreliable, and the Court — noting the impulsive decision to ride four and a half hours to Cairns in thongs — found against him despite sympathy for his injuries.
McKay v Armstrong & Anor [2020] QDC
A front-seat passenger injured in Townsville. The fight was about costs: the insurer's pre-trial offer of $80,000 nominally beat the judgment, but came with strings attached — no admission of liability and lifetime silence. The Court held the judgment was still the more favourable outcome and awarded her costs.
Saul v Machalek & Anor [2020] QDC 69
A game-fishing boat captain knocked off his bicycle by a negligently reversing vehicle, ending his ability to work at sea. The insurer ran contributory negligence — lookout, speed, road position — and the Court rejected all of it.
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