Day

May 1, 2014
Verney v The Mac Services Group Pty Ltd [2014] QSC 057   An employer’s duty to provide safe equipment is well settled. The decision of North J is a reminder of how heavy the duty is. … North J Before turning to the findings or inferences with respect to the allegations of breach of duty...
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Martin v Golding Contractors Pty Ltd [2014] QSC 53   Catchwords: DAMAGES – PERSONAL INJURIES– QUANTUM – where plaintiff suffered personal injuries in workplace accident at mine – where liability admitted – assessment of damages – where assessment of general damages, past and future economic loss in issue.   As useful decision in the assessment...
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Reid v Commercial Club (Albury) Ltd [2014] NSWCA   98 Emmett JA at [1]; Gleeson JA at [7]; Tobias AJA at [252]   203 Referring to Indigo Mist Pty Ltd v Palmer [2012] NSWCA 239, the primary judge correctly stated the test for factual causation: the appellant must prove, on the balance of probabilities, that...
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Ewin v Vergara (No 3) [2013] FCA 1311 Bromberg J Aggravated and exemplary damages Aggravated and exemplary damages 675                     In Clarke v Nationwide News Pty Ltd (2012) 201 FCR 389 at [347], Barker J identified both the purposes of and the difference between aggravated damages and exemplary damages: Aggravated damages are given to compensate...
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Larner v George Weston Foods Ltd [2014] VSCA 62   1 The appellant, David Larner, (‘Larner’), appeals against a judgment entered by a judge of the County Court in favour of his former employer, George Weston Foods Limited (‘GWF’), the respondent to the appeal. Larner had brought proceedings alleging that between 1 February and 26...
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Embrey v Smart [2014] QCA 75   Applegarth J delivered the leading judgment with whom Muir and Morrison JJA concurred. The interpretation of r 116(1) [21] The terms of r 116(1) require a present impracticability to serve a document in a way required under Chapter 4 of the UCPR. The sub-rule does not refer in...
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Howl at the Moon Broadbeach Pty Ltd v Lamble [2014] QCA 74   The plaintiff was struck with a metal pole by a co-worker coming to the ‘rescue’ of colleague who was involved in fracas outside of their place of employment, a nightclub. Muir JA delivered the leading judgment with whom Holmes JA and Ann...
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Campbell v Hay [2014] NSWCA 129.   Meagher JA at [1]; Barrett JA at [7]; Ward JA at [10] 110 For the purposes of division 5 of the Civil Liability Act, a “dangerous recreational activity” is defined in s 5K as meaning a recreational activity that involves “a significant risk of physical harm”. Relevant activity...
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Chambers v Brice [2014] QSC 52   A useful review of the application of interest under the Civil Proceedings Act 2011.   Brisbane Barrister – David Cormack
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The draft report by the Productivity Commission was released on 8 April 2014 and submissions are due by 21 May 2014. The most controversial recommendation is for ‘damages billing’ or contingency fees to be permitted in most civil matters, provided there is comprehensive disclosure.   Brisbane Barrister – David Cormack
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