Month

March 2010
 Ratcliffe v Raging Thunder Pty Ltd [2010] QSC 60   An application was bought by WorkCover pursuant to section 282 of the Workers’ Compensation and Rehabilitation Act 2003 (Qd), to compel medical examinations. His Honour Justice Jones allowed the application and noted: [14] The question really turns on whether a neurosurgeon brings to the issue...
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Crompton v Buchanan & Ors [2010] QSC 61   In an application to strike out the claim bought by WorkCover Qld on behalf of the insured in respect of delay of some 12 years, his Honour Justice Jones described the delay of the plaintiff as: [26] In this instance the rules have been disregarded by...
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WorkCover Queensland v Stanley [2010] QDC 48 Sandra Stanley pleaded guilty before her Honour Magistrate Cornack in respect of 1 charge of “returning to a calling” pursuant to sections 533 and 535 of the Workers Compensation and Rehabilitation Act 2003 (Qld) and 3 charges of making a false and misleading statement pursuant to section 534....
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Rickard v State of NSW [2010] NSWSC 151   The plaintiff appealed the magistrate’s dismissal of her claim that it showed no cause of action. The action she brought was against the State of NSW as being vicariously liable for a breach of duty of care owed by a police officer, Senior Constable Darlington. The...
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WorkCover Qld v AMACA P/L & Anor [2009] QCA 72 It is timely to review the above case having regard to the Special Leave application before the High Court to be heard on 12 March 2010. The agreed facts [2] Rex Noel Thomson contracted mesothelioma as the result of exposure to asbestos in the course of...
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Peterson v Merck Sharpe & Dohme (Aust) Pty Ltd [2010] FCA 180    The application succeeded on: The applicant alleges also that Vioxx had a defect within the meaning of s 75AD of the Trade Practices Act. In my reasons to be published today, I have held that Vioxx did have such a defect, in the...
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Bramble v Suncorp Metway Insurance Limited [2010] QDC 47   The applicant sought to extend the limitation periods pursuant to section 57(2)(b) of the Motor Accident Insurance Act 1994 (Qld) (“MAIA”). In rejecting the application his Honour Dorney QC applied Kelvin John Best and I & G Selke Pty Ltd v Suncorp Metway Insurance Limited...
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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 a 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...
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Gibbings-Johns v Corliss [2010] QSC 49 His Honour McMeekin J found for the plaintiff on conflicting testimonial evidence as to how his eye was injured when ‘glassed’; accepting in main the evidence of a former employee of the defendant’s hotel and making adverse inferences about the absence of surveillance footage and immediate report to the...
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Baillie v Creber & Anor [2010] QSC 52 I refer to my earlier posting and the discussion of Gillespie v Swift Australia P/L [2009] QCA 316 and NF v State of Qld [2005] QCA 110, together with the posting on Spain v Dipompo Jacs Constructions P/L & Anor [2009] QCA 323 . His Honour McMeekin J in...
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