Month

October 2014
Du Pradal & Anor v Petchell [2014] QSC 261 It was a perfect Sunday in June 2008 when the pair sped from Scarborough across the calm waters of the bay, for a morning of spearfishing at Cape Moreton. Jacques Du Pradal skippered the 5.5 m Viking to a reef 2nm east of the lighthouse where he and dive companion...
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Melisavon Pty Ltd v Springfield Land Development Corporation Pty Limited [2014] QCA 233 The appeal arose out of the refusal to grant summary judgment because of the alleged expiration of the limitation period. Separate judgments were given and the appeal dismissed on the ground that the factual contention as to when the respondent had actual...
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Oram v BHP Mitsui Coal Pty Ltd & Anor [2014] QSC 230 McMeekin J: Prejudice [87] The relevant principles were explained in Brisbane South Regional Health Authority v Taylor.[68] Each member of the Court was of the view that having satisfied the two conditions laid down in s 31(2) of the Act there was no...
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Romig v Tabcorb Holdings Ltd [2014] QSC 249 Per Dalton J [36] There was variation in the understanding of the medical professionals (treating and expert) as to the exact mechanism by which Ms Romig had suffered injury on 10 September 2004: see the evidence of Mr Knight, Mr O’Sullivan, Dr Todman and Dr Weidmann. Dr...
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Matton Developments Pty Ltd v CGU Insurance Limited [2014] QSC 256  Flanagan J [1] By application filed 10 October 2014, the plaintiff applies for the following orders: “1. Pursuant to r. 478 of the Uniform Civil Procedure Rules 1999 (Qld)(the UCPR) at the trial of this proceeding the court shall: (a)     inspect a Liebherr LTR1100 telescopic...
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Grima v RFI (Aust) Pty Ltd [2014] NSWCA 345 Negligence – joint tortfeasors – worker injured while unloading goods from truck which been loaded by RFI – worker alleged RFI loaded truck incorrectly and unsafely – RFI denied negligence and alleged worker negligently contributed to his own loss – RFI cross-claimed against worker’s employer alleging...
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Gray v Richards [2014] HCA 40 (15 October 2014) I refer you to the High Court judgment summary. 1. FRENCH CJ, HAYNE, BELL, GAGELER AND KEANE JJ. In Todorovic v Waller[1], Gibbs CJ and Wilson J summarised the principles which regulate the assessment of damages for personal injuries as follows: “In the first place, a...
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Fofana v Inghams Enterprises Pty Ltd [2014] QDC 224 The plaintiff’s claim failed because of the finding of fact that the reconfiguration of the “skinner station” took place prior to the plaintiff’s injury. Hence, breach and causation were not made out. Otherwise, Dr Campbell was preferred over Dr Tuffley and Dr Goode’s evidence was questioned...
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AF Concrete Pumping Pty Ltd v Ryan & Ors [2014] NSWCA 346 HEADNOTE [This headnote is not to be read as part of the judgment] The first respondent Mr Ryan was injured while engaged in the construction of a swimming pool on the seventh floor of a building. The principal contractor subcontracted with Reliance Pools Pty...
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Brookfield Multiplex Ltd v Owners Corp Strata Plan 61288 – [2014] HCA 36 (8 October 2014) I refer you to the High Court summary. David Cormack – Brisbane Barrister & Mediator
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