Robin J QC considered whether the claimant had pleaded a “personal injury” as that term is defined in the Personal Injuries Proceedings Act 2002 (PIPA), in circumstances of an alleged assault and battery. The claimant relied on Vattiato v Lagama  1 Qd R. 234 that “personal injury” is not part of the cause of action for an assault and battery claim. In applying Coffey v Queensland  QCA 291 and noting the claimant had been astute not to plead personal injuries having been suffered, Robin J QC allowed the claimant’s application. In so doing, the claimant was entitled to avoid the pre-proceedings process, the Civil Liability Act 2003 (CLA) restrictions on damages, the usual 3 year limitation period and prohibition on a jury trial.
Brisbane Barrister – David Cormack