L Lee v. C Lee & Ors
Hsu v. RACQ Insurance Limited
C Lee v. RACQ Insurance Limited
Case Nos.
B61/2018, B62/2018 & B63/2018
Case Information
Lower Court Judgment
1/06/2018 Supreme Court of Queensland (Court of Appeal) (Fraser JA, Philippides JA, McMurdo JA)
Catchwords
Insurance law – Motor vehicles – Personal injury – Where appellant injured in motor vehicle collision – Where appellant alleged injuries caused by negligence of father – Where appellant gave evidence father driving vehicle at time of collision – Where appellant’s blood located on driver airbag – Where pathologist gave evidence relating to possible source of blood – Where mechanical engineer gave evidence relating to seatbelts and airbag design – Where trial judge concluded appellant driving vehicle – Where Court of Appeal dismissed appeal – Whether Court of Appeal failed to give adequate reasons by failing to address aspects of mechanical engineer’s evidence and inferences arising from evidence – Whether Court of Appeal erred by failing to conclude trial judge misused advantage as trial judge – Whether finding appellant was driver contrary to compelling inferences from uncontroverted evidence.
Documents
16/11/2018 Hearing (SLA, Canberra v/link Brisbane)
28/11/2018 Notice of appeal – L Lee B61/2018
28/11/2018 Notice of appeal – Hsu B62/2018
29/11/2018 Notice of appeal – C Lee B63/2018
10/01/2019 Written submissions - Hsu B62/2018 (Appellant)
10/01/2019 Chronology - Hsu B62/2018 (Appellant)
11/01/2019 Written submissions - L Lee B61/2018 (Appellant)
11/01/2019 Chronology - L Lee B61/2018 (Appellant)
11/01/2019 Written submissions - C Lee B63/2018 (Appellant)
11/01/2019 Chronology - C Lee B63/2018 (Appellant)
08/02/2019 Written submissions - L Lee B61/2018 (First Respondent)
08/02/2019 Written submissions - L Lee B61/2018 (Second Respondent)
08/02/2019 Written submissions - L Lee B61/2018 (Third Respondent)
08/02/2019 Written submissions - Hsu B62/2018 (Respondent)
08/02/2019 Written submissions - C Lee B63/2018 (Respondent)
22/02/2019 Reply - L Lee B61/2018 (Appellant)
22/02/2019 Reply - Hsu B62/2018 (Appellant)
22/02/2019 Reply - C Lee B63/2018 (Appellant)
10/04/2019 Hearing (Full Court, Brisbane)
10/04/2019 Outline of oral argument (Appellant - L Lee B61/2018)
10/04/2019 Outline of oral argument (First Respondent - L Lee B61/2018)
10/04/2019 Outline of oral argument (Second Respondent - L Lee B61/2018)
10/04/2019 Outline of oral argument (Third Respondent - L Lee B61/2018)
04/09/2019 Judgment (Judgment summary)