Month

August 2016
White v Ducks in a Row Pty Ltd [2016] QDC 212 Butler SC, DCJ The respondent was injured in 2010 in a boating accident where he suffered a crush fracture to the L1 vertebrae. Importantly, the respondent had undergone a total hip replacement and also suffered from left knee arthritis due to a prior skiing...
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Yamaguchi v Phipps & Anor (No 2) [2016] QSC 170 Further to my earlier post, his Honour Applegarth J ordered indemnity costs. Integral in the decision was the finding by his Honour that the defendant could have reasonably have considered the UCPR offer during the period it was open for acceptance [5] – [13]. His...
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Cummings v Visy Paper Pty Ltd & Anor [2016] QDC 208 Ryrie DCJ The applicant was employed by the first respondent, Visy Paper, where he suffered a psychiatric injury as a result of bullying, harassment and intimidation. The injury occurred over a period between 1996 and 2001. The applicant filed a notice of claim for...
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Valentine v D & C Masters Painters & Decorators Pty Ltd [2016] QDC 203  Robertson DCJ The plaintiff was a painter working as an employee of the first defendant, Masters. In 2012 the plaintiff suffered personal injury as a result of slipping on a door mat as he was exiting the premises at which he was...
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Beven v Brisbane Youth Service Inc [2016] QSC 163 The plaintiff suffered a psychiatric injury as a result of a sexual assault and explicit comments by a client of the defendant, whom the plaintiff was employed as a family support worker to work with. The history detailed in the lead up to the offending conduct...
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Greenway v The Corporation of the Synod of the Diocese of Brisbane [2016] QDC 195 Kingham DCJ The plaintiff was employed as a carer for young persons at a residence run by Anglicare. On 25 August 2013, the young person became verbally abusive and physically aggressive when the plaintiff would not allow him to visit...
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Djuric v Wai Kit & Anor [2016] QDC 194 Smith DCJA The applicant was involved in a car accident on 8 May 2013 but due to personal commitments including pressure and stress from her business, she could not provide her solicitor with the relevant details to progress her claim. In April 2016, the applicant recalled...
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Searle v Solid State Security Pty Ltd and Ors [2016] QDC 193 Smith DCJA The matter before the court involved an application by the second defendant to issue a third party notice to the first defendant. The second defendant submitted that inter alia no prejudice could be alleged to have been suffered by the first...
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Hayes & Ors v State of Queensland [2016] QCA 191 Further to my earlier post and the trial decision of McGill J in the matter Palmer, the majority (Mullins and Dalton JJ) dismissed the appeal on the basis of causation. However, their Honours Mullins and Dalton JJ did find a duty of care was owed on...
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