Month

March 2014
Mules v Ferguson & Anor [2014] QSC 51   In 2008 when the plaintiff fell ill she was 43 years of age. The plaintiff developed the rare cryptococcal meningitis infection, which progressed with catastrophic consequences. Had the plaintiff been successful at trial, Henry J would have awarded $6,727,776.04 in damages, including the maximum ISV of...
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Mamo v Surace [2014] NSWCA 58   McColl JA at [1], Ward JA at [90], Tobias AJA at [96]   TORTS – negligence – negligent driving – appellant passenger in car driven by respondent – where respondent driving within speed limit in semi-rural area at night – where respondent took eyes off road “momentarily” –...
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Byrne v People Resourcing (Qld) Pty Ltd & Ors [2014] QSC 39   His Honour reviewed the relevant authorities and affirmed the reluctance of courts to determine indemnity issues prior to trial, when there remained contingent and hypothetical questions to be answered.   Applegarth J [3] The principles that govern the circumstances in which an...
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Charafeddine v Morgan [2014] NSWCA 74   The appellant sought to set aside a decision to strike out her personal injury claim based on estoppel, namely her earlier property claim for the damage to the motor vehicle had been dismissed on the basis she was negligent, which finding on negligence was relied upon.   Beazely...
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Harrison v The Actors Workshop Australia Pty Ltd [2014] QDC 40   A former IT consultant turned real estate agent and would-be actor, delivered a less than convincing performance in a dramatic 3 day injury compensation appearance in Brisbane’s District Court in February.   Read more…   Reproduced with the permission of Carter Capner Law....
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Simmons v Wanless & another [2014] QDC 42   Angela Simmons’ worked as a kitchen hand at the Westside Tavern in Maryborough. In April 2010, she was cleaning a large metal drip tray from the grill. It fell from the bench and instinctively, she reached out and tried to catch it. Read more…   Reproduced...
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Tyrrell & Anor v McNab Constructions Pty Ltd & Ors [2014] QCA 52   At first instance the statement of claim was struck out with leave to replead. The appellants argued the reasons for decision were insufficient in stating there was no reasonable cause of action or that it would delay or prejudice the fair...
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Lyons v Fletcher [2014] NSWCA 67   The trial judge dismissed the appellant’s claim for damages. She was found to have been jogging across a road in the early hours of the morning. In the alternative the trial judge she was 75% contributory negligent. The issue for determination on appeal was whether the respondent breached...
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AV8 Air Charter Pty Limited v Sydney Helicopters Pty Limited [2014] NSWCA 46 (Barrett JA at [1], Hoeben JA at [2], Ward JA at [139])   Catchwords TORT – negligence – claim for economic loss by owner of helicopter against bailee of helicopter arising from conduct of pilot – helicopter coming into contact with overhead...
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Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443   Basten JA:   47 …. generally speaking, however, forewarning of objection should be given, particularly in circumstances where, if the objection were meritorious, there might be an opportunity to rectify the deficiency, prior to...
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