Month

March 2015
Wilson v The State of Queensland [2015] QSC 56 The plaintiff prior to becoming bankrupt had made a claim for rescission of settlement deed claim for wrongful termination of employment by first respondent in reliance on innocent representation. The defendants had brought applications to strike out the claim based on the pleadings. However, the intervention of...
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Zabic v Alcan Gove Pty Ltd [2015] NTSC 1 PARTIES: ZABIC, Zorko v ALCAN GOVE PTY LTD (ACN 000 453 663) COURT: SUPREME COURT OF THE NORTHERN TERRITORY JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING TERRITORY JURISDICTION FILE NO: 80 of 2014 (21439533) JUSTICE: BARR J CATCHWORDS: TORTS – Negligence – claim for damages...
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Shaw v BHP Billiton Ltd [2015] SADC 3 This decision follows BHP Billiton Limited v Parker (2012) 113 SASR 206 in allowing exemplary damages in asbestos cases in South Australia and their general increase in awards for damages in such claims. David Cormack – Brisbane Barrister & Mediator
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Estate of Cooper v The Regulator [2015] QIRC 38 An interesting decision and application of whether competing significant factors of smoking and non-work related exposure to asbestos satisfied the test in s.32(1) of the Workers’ Compensation and Rehabilitation Act 2003. In this instance, Commissioner Fisher was satisfied with the evidence of Dr Edwards Thoracic Physician...
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Di Paolo v Salta Constructions Pty Ltd [2015] VSC 31 The issue raised was one of choice of law. The plaintiff was a resident of Victoria and working in Perth. The plaintiff argued the law of Victoria governed the proceedings (because the WA limitation provision excluded his claim). Supreme Court of Victoria – Ginnane J 53 In order...
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Stewart & Ors v Ackland [2015] ACTCA 1 In circumstances where a 21 year old arts/law student broke his neck causing permanent tetraplegia when doing a backward somersault at an amusement park on a device known as a jumping pillow, the trial judge found the plaintiff/respondent’s activity was a “dangerous recreational activity” within the meaning of...
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