Month

June 2015
Endeavour Energy v Precision Helicopters Pty Ltd [2015] NSWCA 169 In April 2006 two Endeavour Energy employees were conducting an aerial inspection of power lines and poles near Wiseman’s Ferry north of Sydney in an helicopter supplied – with  crew – by Coff’s Harbour based Precision Helicopters. The Bell Jet Ranger was flying south down the...
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Packer v Tall Ship Sailing Cruises Australia Pty Ltd [2015] QCA 108 Further to the earlier posting the plaintiff’s appeal was dismissed. Boddice J with whom Gotterson JA and Flanagan J concurred: Foreseeability [49] The appellant had also sought a finding it was reasonably foreseeable “the assailant would become violent as he was part of...
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Shapcott v W.R. Berkley Insurance (Europe) Limited & Anor [2015] QDC 102 The issue involved whether a respondent could join an insurer as a “contributor” pursuant to s.16(1) of the Personal Injuries Proceedings Act (PIPA) in circumstances where the insurer denied indemnity. The claimant had received massage therapy from Mr Camac the second respondent who was...
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Carangelo v State of New South Wales [2015] NSWSC 655 Adamson J Benjamin Carangelo seeks damages against the State of New South Wales for psychiatric injury said to have been sustained as a consequence of breaches of the duty owed to him by the Commissioner of Police, for which the defendant, the State of New South...
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Sampco Pty Ltd v Wurth [2015] NSWCA 117 The plaintiff at trial was awarded $456,500 but on appeal to the NSW Court of Appeal her damages were reduced $73,800. Determinative of the reduction was that the plaintiff failed to establish the secondary injury to her knee was causally related to the negligence (section 5D(1)(a) of the Civil...
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Ballandis v Swebbs & Anor [2015] QCA 76 Morrison JA with whom Fraser and Gotterson JJA agreed: [9] To explain the context of the main issue it is useful to first mention section 5(1)(b) of the Civil Liability Act, which provides: “(1) This Act does not apply in relation to deciding liability or awards of damages for personal injury...
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Mules v Ferguson [2015] QCA 77 M McMurdo P, Applegarth & Boddice JJ [6] Section 58(3) provides a wide discretion in relation to the awarding of interest. That discretion is to be exercised judicially, having regard to the whole of the circumstances. Those circumstances include that the applicant failed at first instance. The judgment at first...
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Wolverson v Todman; Wolverson v Lisle & Hooper [2015] QCA 74 Gotterson JA delivered the majority judgment. Holmes JA concurred and McMeekin J dissented in respect of the “means of knowledge” issue involving the radiologists appeal. Gotterson JA [7] The judgment under appeal is an order of the District Court made on 17 April 2014...
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Morris v Redland City Council [2015] QSC 135 The plaintiff was severely injured when he fell from the top of a cliff on North Stradbroke Island to the beach below. Quantum was agreed. Martin J dismissed the plaintiff’s claim against the Redlands Council on: Foreseeability, Breach; Obvious risk (ss 13 and 15 Civil Liability Act); and...
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