Bezant v Davis & Anor [2010] QSC 229
Catchwords
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES – where plaintiff suffered a fractured pelvis and a minor head injury in a motor vehicle accident – where liability admitted
McMeekin J
Liability was admitted and quantum was [...]
CSR Limited, in the matter of CSR Limited [2010] FCAFC 34 (23 April 2010)
I refer to my earlier posting with respect to the demerger proposal of CSR and the concerns about payment of their asbestos liabilities.
The Full Court of the Federal Court has allowed CSR’s appeal to demerge.
KEANE CJ, FINKELSTEIN AND JACOBSON JJ:
56.
As to the argument [...]
Further to my earlier posting the appeal was heard by the Full Federal Court on 29 and 30 March 2010, before Keane CJ, Finkelstein and Jacobson JJ.
The Court reserved its judgment.
Brisbane Barrister – David Cormack
Wallaby Grip Limited v QBE Insurance (Australia) Limited; Stewart v QBE Insurance (Australia) Limited [2010] HCA 9 (30 March 2010)
Compulsory common law coverage in Queensland only commenced on 1 July 1963. In cases where injuries are latent and for instance, in occupational mesothelioma injuries where the exposure to asbestos occurred before this date; the proof of the existence of [...]
A very helpful summary of the Civil Liability and Other Amendment Act 2003 (Qld) and table of indexed General Damages pre/post 1 July 2010, together with a snapshot of cases for the past year by Steve Herd (Senior Associate) of Murphy Schmidt Solicitors:
Case Law and Legislation Update – SPH
Reproduced with permission.
Amaca Pty Ltd v Ellis; The State of South Australia v Ellis; Millennium Inorganic Chemicals Ltd v Ellis [2010] HCA 5 (3 March 2010)
In an unanimous decision by their Honours FRENCH CJ, GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ the High Court has considered a sensitive and scientifically challenging causation issue, namely; the interaction of smoking [...]
WORKERS COMPENSATION (DUST DISEASES) BOARD OF NSW v SMITH, MUNRO AND SEYMOUR [2010] NSWCA 19
The decision is an appeal from Quirk DCJ. Whilst many of the issues of the appeal concern matters unique to the Dust Disease Tribunal & Board, there is a helpful for discussion about the principles of causation and when inferences can [...]
I refer to my earlier posting regarding the refusal of the Federal Court to convene a shareholders meeting re: CSR’s proposal to demerge, with particular consequences for its asbestos liabilities. Leave to appeal to the Full Federal Court has been granted and will be heard on 29 and 30 March 2010.
Brisbane Barrister – David Cormack
CSR Limited, in the matter of CSR Limited [2010] FCA 33
CSR applied to Demerger into Sucrogen and CSR, which would result in the capital of the company being reduced and available to creditors, in particular, for liability of asbestos claims.
The application was opposed by an alliance of unlikely bedfellows including; James Hardie Industries NV and James Hardie 117 [...]
Brian Anthony Mooney v Amaca Pty Ltd [2009] NSWDDT 23 – $290,000.00
Phillip Raymond Kirkpatrick v Babcock Australia Pty Ltd [2009] NSWDDT 4 - $280,000.00
Brisbane Barrister – David Cormack