Month

October 2016
Lean v Cosmorex Coffee Pty Limited [2016] ACTSC 309 In a somewhat unique factual circumstance, the plaintiff claimed for industrial asthma following exposure to green coffee bean dust at work for the defendant. The defendant’s business was coffee roasting and sales. The plaintiff worked in the warehouse. The plaintiff noticed breathlessness and was subsequently diagnosed...
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Prince Alfred College Incorporated v ADC [2016] HCA 37 Judgment summary French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ The respondent was sexually abused by a housemaster employed by the appellant, the Prince Alfred College (the “PAC”) in 1962. In 2008, the respondent brought proceedings against the respondent, inter alia, that it was...
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Case & Anor v Eaton & Anor [2016] QSC 239 The decision is of interest because in similar factual circumstances, his Honour Henry J declined to follow his Honour Boddice J in Maggs v RACQ Insurance Limited [2016] QSC 41 In issue was whether fund management fees could be recovered for an infant whose claim had...
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Smith v Randall & Anor [2016] QSC 191 Applegarth J The subject accident occurred in 2013 when Mr Randall, driving a utility along a highway consisting of one lane each way, attempted to turn right across a broken centre dividing line into a driveway. Mr Smith, who had been travelling behind Mr Randall in a...
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Mashaghati v Anderson & Allianz [2016] QDC 245 Morzone QC DCJ Liability was admitted, but credit, causation and damages were in issue. The subject injury occurred in 2011 when the plaintiff collided with a stationary vehicle after taking evasive action to avoid collision with the first defendant. The collision was caused by a negligent U-turn...
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