Month

September 2013
Suncorp Staff Pty Ltd v Larkin [2013] QCA 281 Holmes and Muir JJA and Philippides J, Separate reasons for judgment of each member of the Court, each concurring as to the orders made:   Catchwords TORTS – NEGLIGENCE –   ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – REASONABLE  FORESEEABILITY – PARTICULAR CASES –...
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Kovacic v Local Government WorkCare [2013] QSC 256 WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRE-LIMINARY REQUIREMENTS – where the applicant seeks leave pursuant to s 305 of the WorkCover Queensland Act 1996 (Qld) to commence a proceeding for injuries sustained despite non-compliance with s 280 and the pre-court procedures contained in Chapter 5...
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Rodger v Johnson [2013] QSC 117   Jackson J:   [7] Two of the most substantial differences in amounts between the parties lie in the claims for damages for future earnings and future superannuation. As might be expected, the different assumptions which each side makes as to the plaintiff’s future employment drive the differences. [8]...
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Cross v Moreton Bay Regional Council [2013] QSC 215   A council roadsign checker who sustained a disc injury in early 2006 as he slipped from a truck step while descending and fell to the road below, is the beneficiary of a $642,000 judgement delivered this month by the Brisbane Supreme Court.   Read more....
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Hernandez v Northbridge MJN Pty Ltd [2013] QDC 160   A self-represented “wellness consultant” – injured when passing by Santos House in George St on her way to give evidence in court – has gained a limitation extension to seek damages from the Brisbane City Council and the building’s owners.   Read more. Reproduced with...
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Fitzsimmons v Coles Supermarkets Australia Pty Ltd [2013] NSWCA 273   Decision (1) Grant leave to appeal against the judgment given in the District Court on 5 April 2012.(2) Deem the notice of appeal filed on 5 July 2012 to have been properly filed and served in accordance with the rules. (3) Allow the appeal...
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Love v Lindsay Brothers Management Pty Ltd [2013] QDC 174   Kingham DCJ:   [19] Whether there has been a breach of the employer’s duty will depend on the steps taken to protect the employee’s welfare, having regard to the nature of the risk, the probability of the risk occurring and the likely consequences if...
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Kilner v Turner & Anor [2013] QDC 195   JUDGE: Ryrie DCJ  ORDER: 1.     Judgment for the Plaintiff in the sum of $55,263.942.     The Defendants to pay the Plaintiff’s costs to be assessed on a standard basis unless otherwise ordered.   CATCHWORDS: TORT – NEGLIGENCE – MOTOR VEHICLE ACCIDENT Where 1st and 2nd Defendant admit...
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Riley v State of Queensland [2013] QMC 013   The respondent/father was falsely accused of sexually abusing his daughters, including rape, by the then Department of Child Safety. The Department neglected and refused over a protracted period of time to correct the information when simple inquiries would have ascertained so. The summary judgment application by...
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Tompkins v Kemp Meats Pty Ltd [2013] QDC 184   JUDGE: Durward SC DCJ  ORDERS: 1.     I give judgment for the plaintiff, in the sum of$337,113.55.   2.     Defendant to pay plaintiff’s costs on the standard basis as from the date of the final written offer on 16 July 2012.   CATCHWORDS: TORTS – NEGLIGENCE...
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