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March 28, 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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