Month

May 2011
Ireland v Trilby Misso Lawyers [2011] QSC 127 In a decision that has received some publicity, McMeekin J usefully reviewed the authorities in relation to possessory liens on speculative personal injury claims (and files) and concluded in terms of the retainer; no fees were owing because of the nature of the speculative action and hence,...
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Nominal Defendant v Chilly & Bayles [2011] QDC 65 I refer to my earlier posting concerning Nominal Defendant v Chaffey & Ors [2011] QSC 88 and note it has since been followed. Koppenol DCJ [4] To set aside such a judgment, the second defendant would need to establish, amongst other things, that he had a...
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 Gold v State of Queensland [2011] QSC 112 Issue: application for reactivation after the proceedings were deemed to be resolved Dalton J [2] The plaintiff claims damages for personal injuries sustained when he was injured on 26 January 2004 in a single vehicle accident on Beachmere Road, Caboolture. There is no doubt that the plaintiff...
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 Cox v Strategic Property Group Pty Ltd & Anor [2011] QSC Issue: material fact of a decisive character relating to the applicant’s right of action which was not within his knowledge, or means of knowledge, in time for him to have brought an action within the limitation period – s 31(2)(a) of the Limitation of...
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 Harris v Montaigne & RACQ Limited [2011] QSC 113 Issue: Quantum – causal link of the plaintiff’s cervical injuries to the incident. Liability for the motor vehicle incident where the plaintiff collided with a protruding plank from the defendant’s vehicle, whilst riding her bicycle was admitted. What was in dispute was her injury to her...
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Kelly v Glover & Australian Associated Motor Insurers & Smith [2011] QSC 114 Issues: Liability (intoxication and seatbelt) and quantum (previous injuries and poor work history) The motor vehicle incident occurred on 21 November 1996 and the court proceedings went for 13 years, without an acceptable explanation for the delay. The plaintiff was injured as...
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French v QBE Insurance (Australia) Limited [2011] QSC 105 A landmark judgment that traverses multiple aspects of the law of negligence this week delivered more than $750,000 to a Gold Coast social worker following her intoxicated partner’s dumping out of the back door of a Regent Taxi in Ashmore in 2003. Read more of the article....
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In brief: .xxx domain names will be available for registration in early September. While .xxx domain names are intended for adult content, trade mark holders in other industries will be able to take advantage of a ‘sunrise period’ to defensively register their trade marks so as to remove the risk of brand-jacking and cyber-squatting. Partner...
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The v AEG Ogden (Convex) Pty Ltd [2011] QDC 51 Issues: Liability and quantum in a ‘slip and fall’ incident at the Convention Centre on a lip of concrete in a loading dock area, which varied at its highest in or about 20mm. The secondary issue although not in contest, was whether consideration of employment...
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Strong v Woolworths Limited T/as Big W & Anor [2011] HCATrans 131 (13 May 2011) I refer to my earlier posting and note that Special Leave has been granted in respect of causation and the “but for” test postulated in s.5D of the Civil Liability Act 2002 (NSW), which is in identical terms to s.11...
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