Adam v Skilled Group Limited and Anor [2013] QSC 7

The plaintiff’s counsel conceded:

[53] … the plaintiff had not behaved well and had done his case a disservice by some of these statements and actions…

The behaviour in question was his “squirming, moving, shaking, standing up and down” whilst giving evidence and substantial issues of credit, with McMeekin J noting:

[32] While some of these points can be explained away, the combined effect of those that cannot be dismissed has been that I have difficulty accepting what the plaintiff says on important matters without cogent corroboration.

His Honour was prepared to find for the plaintiff in respect of liability because of corroboration, but quantum reflected the lack of cogent corroboration and finding the back sprain had resolved after a short period of time:

  • General Damages – $5,000.00;
  • Past economic loss – $15,000.00.

 

After a 3 day trial the net result clear of the WorkCover refund was $7,962.84.

Brisbane Barrister – David Cormack

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