Reference no: EM133465747

In March 2023, Fabricio, a resident of Brisbane and national of Australia, had a car accident with Goodfelt in Suva, Fiji. Goodfelt is a permanent resident and national of Suva. The accident happened while Fabricio was on vacation in Suva. Goodfelt caused the accident and his insurance company, Fijiopian has assumed responsibility for the incident. Fijiopian is registered insurer with offices in Suva, Fiji and will indemnify Goodfelt for losses incurred from the accident. Fabricio suffered severe neck injuries because of the accident. Fabricio had picked his car from an Avis car rental branch in Suva, but had signed the hire contract at the registered offices of the Avis car rental company in Brisbane. The Avis branch in Fiji is a unit of the Avis Budget Group which has assets and offices in Brisbane, Queensland. The contract had provided that Fabricio would pay an excess of $5000 in the case of an accident whether he is at fault or not. There was nothing in the hire contract with Avis about indemnifying Fabricio for personal injury claims but he would get his $5000 back if he was not at fault.

Fijian law is likely to govern the substantive torts claims and the common law on torts liabilities relating to motor accidents is materially the same in Fiji and Queensland. Fabricio estimates that his claims resulting from his inability to work long hours due to his neck injury, and the subsequent impact on his promotion chances at his work, amount to approximately AUD$1 million. In May 2023, Fabricio initiated his own legal action by serving a writ on Goodfelt/Fijiopian in Suva from the Supreme Court of Queensland (SC Qld). However, the Fijian Accident Compensation Act of 1989 imposes a maximum compensation limit of $400,000 for motor accidents. The cap on personal injuries from a car accident is $3 million in Queensland which is why Fabricio thought he would initiate his claim in the SC Qld.

1. Will Fabricio be able to claim up to AUD$1 million in the Supreme Court of Queensland for his injuries?

2. Will the Supreme Court of Queensland exercise jurisdiction over the tort if the only connecting factor to the incident is the fact that Fabricio's income which he earns in Queensland is going to drop and his prospects for being promoted will be reduced because of the neck injury resulting from the accident?

3. Would Fabricio be precluded from taking legal action against Avis for his $5000 if the lex loci of the tort that took place against him is in Fiji?