In AAI Limited & Anor v Marinkovic [2017] QCA 54, the respondent, Mr Marinkovic, had been injured in a motor vehicle accident caused by the second appellant, Mr McNaughton, when his vehicle struck the respondent’s, stationary in a line of traffic, from behind. The appellants challenged the trial judge’s assessment of damages totalling $461,249.00 on grounds, amongst others, that the respondent was an unreliable witness and on a finding that “his tax returns were a work of fiction”. Morrison JA considered that the trial judge was not in error on issues of credit and reliability because the trial judge had only accepted the respondent’s evidence on particular matters and had not accepted the tax returns as reliable. His Honour considered that, in any event, a finding that there had not been honest compliance with taxation laws did not inevitably mean that loss of earning capacity and economic loss could not be made on other evidence. The assessment of damages was adjusted to substitute a correct interest figure for interest on past economic loss, giving $458,528.10. The appeal was otherwise dismissed with costs. Hemmant’s List’s Keith Wilson QC appeared for the respondent. See the judgment here: http://archive.sclqld.org.au/qjudgment/2017/QCA17-054.pdf
