Full Court Minute Books

Case B61/2018

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)

[2018] QCA 104

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)

*The due dates shown for documents on this page are indicative only.