Month

August 2013
Wolters v The University of the Sunshine Coast [2013] QCA 228 I refer to my earlier post in relation to the psychiatric claim where the negligence claim was dismissed because of causation, namely the preventative measure of counselling Mr Bradley’s conduct in relation to a prior employee (Ms Carney) would not have prevented the subsequent...
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LMT Surgical Pty Ltd v Allianz Australia Insurance Ltd [2013] QSC 181   JUDGE: Jackson J  ORDERS: The judgment of the court is:  1.   declare that the liability of the defendant to indemnify the plaintiff for damage, within the meaning of section 1 or section 2 of the policy of insurance referred to in the statement...
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Hope v Brisbane City Council [2013] QCA 198   JUDGES: Muir and Gotterson JJA and Jackson J. Separate reasons for judgment of each member of the Court, each concurring as to the orders made   ORDERS: 1. The application for leave to appeal is refused. 2. The applicants pay the respondent’s costs of the application....
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Crime and Misconduct Commission v WSX [2013] QCA 152   JUDGES: Chief Justice and Gotterson JA and Mullins JSeparate reasons for judgment of each member of the Court, each concurring as to the orders made   ORDERS: In relation to each appeal:  That the respondent have leave to file and rely upon his notice of...
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Hwang v Lawrie (by his litigation guardian The Public Trustee of Queensland) & Anor [2013] QCA 204   JUDGES: Holmes and Fraser JJA and Mullins J Separate reasons for judgment of each member of the Court, each concurring at to the order made ORDER: The  appeal is dismissed with costs. CATCHWORDS: APPEAL AND NEW TRIAL...
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Doe v Yahoo!7 Pty Ltd & Anor; Wright v Pagett and Ors [2013] QDC 181   JUDGE: Smith DCJ ORDER: Application to strike out the Statement of Claim of Jane Doe is granted and the Statement of Claim is struck out. Application to strike out the claim of Jane Doe is refused. Application to strike...
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Klein v SBD Services Pty Ltd [2013] QSC 134 An underground coal miner whose back “exploded in pain” when hauling equipment along a mine tunnel has been awarded a fraction of the damages demanded as a result of the accident. Read more…   Reproduced with the permission of Carter Capner Law.   David Cormack –...
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State of Queensland (Department of Education, Training and Employment) AND Q-COMP – WC/2013/47 State of Queensland (Department of Education, Training and Employment) AND Q-COMP – WC/2013/47 I was involved in this matter which, turned on jurisdiction and time to lodge an application for compensation. WorkCover rejected the claim based on reasonable management action (“RMA”) under...
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Dowling v The Met Brisbane Pty Ltd [2013] QCA 167   A spinal injury compensation claim by a Brisbane function organiser for a fall at a Valley hotspot has failed on appeal. Read more…   Reproduced with the permission of Carter Capner Law.   David Cormack – Brisbane Barrister.    
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Mungekar v Hermes Precisa Pty Ltd [2013] NSWCA 225   Decision (i) Appeal allowed; (ii) Set aside the orders of the District Court (Hungerford DCJ) made on 10 February 2012; (iii) Judgment for the appellant in the sum of $309,196.33, such judgment to take effect on 10 February 2012; (iv) Respondent to pay the appellant’s...
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