Boulter v Crouch & Anor [2010] QSC 258
It was admitted that the plaintiff would have been successful against her former solicitor for having failed to commence proceedings for her personal injuries.
Quantum was in dispute. The accident pre-dated the Civil Liability Act 2003 (Qld), but nevertheless quantum was assessed at only $11,757.22.
Her Honour Atkinson J held [...]
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 [...]
Newson v Aust Scan Pty Ltd t/a Ikea Springwood & Ors [2010] QSC 223
30/06/2010
Catchwords
STATUTORY CONSTRUCTION – Personal Injuries Proceedings Act 2002, s 32(2) – DUTY TO DISCLOSE – DISCRETION TO EXCUSE NON COMPLIANCE – where Act states that party cannot rely on document that was not disclosed – where document not disclosed prior to [...]
Brady v Woolworth Limited [2010] QDC 260
Catchwords
NEGLIGENCE – PERSONAL INJURIES – Personal Injuries Proceedings Act – pre-litigation procedure – obligations under s 27 to disclose documents and provide information – scope of – whether failure to comply
Ryrie DCJ
Leave was granted to proceed with the application despite the Request for Trial Date having been [...]
Wilson v Lambkin [2010] QDC 254
Catchwords
NEGLIGENCE – CLAIM FOR DAMAGES – PERSONAL INJURY – LIABILITY – QUANTUM – where licensed driver collided with off road object – duty of care of inexperienced licensed driver – learner driver – driver training – numerous laps of isolated bushland road – whether “dangerous recreational activity” occurred – whether [...]
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 [...]
Kerkow v BCP Holdings P/L [2010] QDC 209
The defendant sought independent medical examinations after initially not requiring them before the compulsory conference. The defendant’s position was compounded by the failure to lead evidence as to the need for the examinations:
Andrews DCJ ( ex tempore):
It has been submitted for the defendant that the cases of Starr [...]
I refer you to yesterday’s Hansard and the excerpt below in respect of the amendments. I draw your attention to the retrospective amendment to the Workplace Health and Safety Act 1995 in the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2010:
37A No civil cause of action based on contravention of Act
‘No provision of [...]