Month

April 2012
Further to earlier posts I refer you to the High Court transcripts (below). The Board of Bendigo Regional Institute of Technical and Further Education v Barclay & Anor [2012] HCATrans 83 (29 March 2012) Brisbane Barrister – David Cormack
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Nudd v State of Queensland [2012] QDC 64 Issues: Liability and quantum – especially whether the plaintiff fell because of water on the floor;  duty of care; causation and future economic loss. Overview: Liability The plaintiff was a prisoner who at the time of the incident was on crutches because of surgery to a previously...
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Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 381 This case turned on factual and expert evidence about the probable source of the Salmonella. Ultimately, Rothman J accepted it was due to the cross contamination at the KFC owned store and not another source. In finding for the plaintiff Rothman J found...
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Sirriss v Bowman [2012] QCA 108 The victim’s claim for criminal compensation was brought pursuant to s 663B of the Criminal Code, which has since be repealed by the Victims of Crime Assistance Act 2009 (1 December 2009). The District Court dismissed the claim for delay. The appeal was allowed on the basis the claim should...
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Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16 I refer you to the judgment summary. Brisbane Barrister – David Cormack
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Minogue v Rudd [2012] NSWSC 305 Issues: liability only trial as to the circumstances of the incident; content of the duty of care and whether a private cause action applied in respect of the Occupational Health and Safety Act 2000 (NSW) and Regulations. Overview: The plaintiff carpenter was severely injured on 12 February 2004 when he...
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PVYW v Comcare (No 2) [2012] FCA 395 Issue: whether injuries sustained whilst having lawful sex at a motel were in the ‘course of employment’ as being an ‘interval or interlude’. Overview: the injured applicant appealed the decision and findings of the Tribunal that the sexual activity was not in the ‘course of her employment’...
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Allianz Australia Ltd v Sim; WorkCover Authority (NSW) v Sim; Wallaby Grip (BAE) Pty Ltd (In liq) v Sim [2012] NSWCA 68 Lorraine Fay Sim v Allianz Australia Limited [2010] NSWDDT 19 – trial decision Prof Henderson’s evidence on cancers Further to earlier postings in relation to causation in asbestos related disease claims, especially lung cancer....
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I refer you to the amendment to the Insurance Contracts Act 1984 (Cth.), which enables regulations to be made about a standard definition for riverine flooding – it has now been assented to. Brisbane Barrister – David Cormack
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Suncorp Metway Insurance Limited v Norris [2012] QCA 101 The applicant/respondent (Norris) successfully obtained an extension of the limitation period based on that it was reasonable for her not to have taken appropriate advice (medical and legal) or to have made further investigations both in respect of her medical condition or the identity of the...
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