Lee v Lee [2019] HCA 28

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, NETTLE AND EDELMAN JJ

Matter No B61/2018

LIEN-YANG LEE APPELLANT

AND

CHIN-FU LEE & ORS RESPONDENTS

Matter No B62/2018

CHAO-LING HSU APPELLANT

AND

RACQ INSURANCE LIMITED RESPONDENT

Matter No B63/2018

CHIN-FU LEE APPELLANT

AND

RACQ INSURANCE LIMITED RESPONDENT

Lee v Lee Hsu v RACQ Insurance Limited Lee v RACQ Insurance Limited [2019] HCA 28 4 September 2019 B61/2018, B62/2018 & B63/2018

ORDER

Matter No B61/2018

1. The appeal is allowed.

2. The third respondent is to pay the appellant's costs.

3. The order of the Court of Appeal of the Supreme Court of Queensland made on 1 June 2018 is set aside and in lieu thereof it is ordered:

(a) the appeal to the Court of Appeal is allowed and the orders of the trial judge made on 23 March 2017 are set aside;

(b) judgment for the appellant on his claim against the third respondent in the sum of $3,350,000.00 (clear of rehabilitation expenses by the third respondent pursuant to the Motor Accident Insurance Act 1994 (Qld)), with the date of judgment to take effect pursuant to r 660(3) of the Uniform Civil Procedure Rules 1999 (Qld) on 23 March 2017;

(c) the counterclaim of the third respondent against the appellant is dismissed;

(d) the third respondent pay the appellant's costs of and incidental to his claim on the indemnity basis; and

(e) the third respondent pay the appellant's costs of and incidental to the third respondent's counterclaim and of the appeal to the Court of Appeal on the standard basis.

Matter No B62/2018

1. The appeal is allowed with costs.

2. The order of the Court of Appeal of the Supreme Court of Queensland made on 1 June 2018 is set aside and in lieu thereof it is ordered:

(a) the appeal to the Court of Appeal is allowed;

(b) the orders of the trial judge dated 23 March 2017 are set aside and in lieu thereof judgment for the appellant on the respondent's counterclaim against the appellant;