Month

June 2011
Monger v Camwade Pty Ltd [2011] QSC 97 I refer you to the article by Carter Capner and the application of the statement by McMeekin J in Bell v Mastermyne Pty Ltd [2008] QSC 331 at [19]: “….The assessment of damages for personal injury depends to a very large extent on a plaintiff’s honest reporting...
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Allens Arthur Robinson Ceresola TLS AG v Thiess Pty Ltd & John Holland Pty Ltd [2011] QSC 115 The Supreme Court of Queensland has refused to grant an injunction restraining a party from calling on a bank guarantee despite there being serious questions to be tried. The Court affirmed the general rule that, in the...
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Carter Capner Morgan v Trevor Edward and Karen Margaret Howell t/as HHH Contractors & Anor [2011] QSC 165 The line of authorities that demonstrates how plaintiffs might recover double damages against joint tortfeasors was bolstered on Thursday by a Supreme Court ruling that dismissed an abuse-of-process strike out attempt from construction giant John Holland. Read...
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Mazza v Webb [2011] QSC 163 Issues: whether there was failure to diagnose a small bowel carcinoma when undergoing an endoscopy and whether the report to the treating G.P was deficient and misleading. Facts: Dr Fitzsimon the plaintiff’s G.P referred her to Dr Webb who performed an endoscopy in  February 2004 and reported the pharynx,...
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Arthur Allens Robinson Project Company No 2 Pty Ltd v Cushway Blackford & Associates Pty Ltd & Anor [2011] QCA 102 The Queensland Court of Appeal has allowed an appeal and ordered that a party be added as a plaintiff to a case yet to be heard. The court below had dismissed the application on...
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I refer you to the attached Legalwise brochure re: upcoming asbestos litigation seminar on the 28th of July 2011. Please note that Dr David McEvoy will now be presenting in lieu of Professor Roger Allen. Brisbane Barrister – David Cormack
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Russell v Suncorp Metway Insurance Limited [2011] QDC Is an example of the hurdles facing an insurer opposing an application by the claimant under the Motor Accident Insurance Act 1994 (Qld) to proceed further with a claim, in particular, where the facts are in dispute and it is not possible to determine the facts summarily:...
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I refer to my earlier posting in relation to Amaca Pty Ltd v Ellis; The State of South Australia v Ellis; Millennium Inorganic Chemicals Ltd v Ellis [2010] HCA 5 (3 March 2010) and the issue of causation and note the judgment of AMABA PTY LTD (UNDER NSW ADMINISTERED WINDING UP) v BOOTH; AMACA PTY...
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I refer you to the article in the Courier Mail’s QWEEKEND on the 4th of June 2011 on the pilot project of the “Sycamore Tree” model of restorative justice at the Woodford Correctional Centre. Jonathan Aitken is an author, broadcaster, columnist, lecturer and campaigner for prison reform. He is a former Cabinet Minister, Member of...
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Buchanan-Davies v Broadbent & Anor [No 2] [2011] QSC 148 See also: Peterson v Broadbent & Anor [No 2] [2011] QSC 149 (3 June 2011) Morrison v Broadbent & Anor [No 2] [2011] QSC 150 (3 June 2011) I refer to my earlier post regarding the extension of the limitation period for these matters. They...
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