Month

October 2012
Barker v Commonwealth Bank of Australia [2012] FCA 942 In a decision which has caused some controversy and is on appeal, the Federal Court has found an implied term of mutual trust and confidence in a contract of employment and furthermore, is has resulted in damages for being breached. In so finding, Justice Besanko considered...
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Emily Kepa, for and on behalf of the estate and dependants of Frank Billy, deceased & ors v. Lessbrook Pty Ltd (In Liquidation) [2012] QSC 311 Read more… Reproduced with the permission of Carter Capner Law.  
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Moore v Oakley [2012] QDC 322 Background: The plaintiff had been drinking after a football game with a group of friends. The group sought to hail a cab to return to the city after deciding not to enter a nightclub because of the price of the cover charge. The cab driver initially drove past and...
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Arnold v Tilecorp Pty Ltd [2012] QSC 321 An example of the importance of factual consistency in versions provided and credit inferences drawn from the Plaintiff’s criminal history and being overly evasive during cross-examination. Brisbane Barrister – David Cormack
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Graham & Ors v Welch [2012] QCA 282 I refer to my earlier posting. The court of appeal upheld the appeal in favour of the householder and their insurer finding: [19] There can be no doubt that an occupier owes a duty of care to entrants to the occupier’s land and that duty is consistent...
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State of Queensland v Nudd [2012] QCA 281 I refer to my earlier posting. The appeal court upheld the appeal and found for the State of Queensland: [19] As the primary judge observed, a small patch of water might be difficult to see even for a person conducting a specific inspection of the floor. That...
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Wolters v The University of the Sunshine Coast [2012] QSC 298 Background In an incident occurring on 14/03/2008 it was determined that during a power outage at the university an employee verbally abused another in circumstances where his behaviour was aggressive and unfair. To compound matters a similar complaint had been made against this employee...
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Mansi v O’Connor & Ors [2012] QSC 336 In a decision turning on the determination of a number possibilities as to the actual identity of the real tortfeasor, Her Honour’s discussion of the relevant legal principles is helpful. Ann Lyons J [1] On 23 July 2007 the Plaintiff was injured when his motorcycle hit a...
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Barclay v Penberthy [2012] HCA 40 (2 October 2012) I refer you to the judgment and in particular the clarification of the rule in Baker v Bolton (recovering damages for the death of an employee) and the per quod action (damages for wrongful loss of an employees services), both of which the High Court unanimously found...
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