Shaw v Thomas [2010] NSWCA 169
 
The plaintiff was aged 10 when he jumped down from a bunk bed, whilst at a friend’s house for a sleepover and sustained severe head injuries. The learned primary judge found there had been a breach of duty of care relying heavily on the Australian Standard AS4220:1994 (guard rail and ladder) for bunk [...]

Kovacevic v Holland Park Holdings Pty Ltd [2010] QDC 279
Catchwords
NEGLIGENCE – Dangerous premises – occupier’s liability – gymnasium used for exercise classes – whether floor unsafe – whether way classes conducted unsafe.
CONTRACT – Implied terms – Trade Practices Act – whether exclusion clauses effective – whether breach of implied warranties.
TRADE PRACTICES – Consumer protection [...]

I refer to my earlier posting and the QLS update.
The amendments commence on 1 July 2010.
Brisbane Barrister – David Cormack

Sultan v Carbon Consulting International Australia Pty Ltd & Anor [2010] QSC 194
The claim proceeded against the second defendant owner of the ship. The plaintiff’s claim against the first defendant employer resolved on the basis of:
[37] On 13 December 2004 he received $32,000.00 from a claim against his employer and WorkCover for the statutory benefits [...]

Corkery & Ors v Kingfisher Bay Resort Village Pt Ltd & Anor [2010] QSC 161
The plaintiff Mr Corkey was injured before the introduction of the Personal Injuries Procedure Act 2002 (Qld), when he slipped down stairs on the outside of his villa at the defendant’s resort, whilst it was raining.
The second plaintiff’s claim was in [...]

Van der Merwe v Arnott’s Biscuits Limited [2010] QSC 145
The plaintiff’s application was for an extension of the limitation period pursuant to sections 30 and 31 of the Limitations of Actions Act 1974 (Qld) for an incident in 2001, whilst employed with Arnott’s (first defendant – self insurer) by way of a labour hire arrangement [...]

Etemovic v Baulderstone Hornibrook Qld Pty Ltd [2010] QSC 141
The plaintiff sought to join an existing third party as the second defendant in circumstances where as against the third party the limitation period had expired and they had not complied with the pre-court compliance as prescribed by the Personal Injuries and Proceedings Act 2002 (Qld) (“PIPA”). The third [...]

Sheehy v Hobbs [2010] QSC 108
Sheehy v Hobbs (No 2)
[2010] QSC 171 
[2010] QSC 171[2010] QSC 171

The applicant suffered a fall down the stairs of the respondents on 7 March 2007 and suffered incomplete quadriplegia.  She was hospitalised in Brisbane for an extended period of time before returning to Yeppoon.  On 1 March 2010, leave [...]

Spackman v Stevens & Anor [2010] QDC 118
The facts were fairly uncontroversial.  The plaintiff was a tenant via her husband of the first defendants. The second defendant was the builder of the decking. Several complaints were made by the tenants in respect of the condition of the decking culminating in a Notice to Remedy Breach [...]

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.