Month

December 2016
Thomas v Trades & Labour Hire Pty Ltd (in liq) & Anor [2016] QCA 332 Morrison and Philippides JJA and Flanagan J Further to the earlier post and the trial decision of Burns J. Despite finding for the plaintiff/appellant on foreseeability and breach, the Court dismissed the appeal on causation. Philippides JA and Flanagan J...
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AAI Limited v McQuitty [2016] QCA 326 Dalton J with Gotterson and Morrison JJA concurring: Further to the earlier post which sets out the facts and reasoning of Jackson J the trial judge, the respondent/defendant appealed in relation to the basis for the awards of general damages and gratuitous care, together with life expectancy. The...
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Oxenham v Protector Aluminium Pty Ltd [2016] QDC 312 Long SC DCJ The plaintiff, aged 16, claimed damages for personal injuries sustained in 2011 when he slipped in a toilet cubicle. As the plaintiff slipped from a standing position, he attempted to hold onto the toilet seat on the way down, however, the upper portion...
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Beaven v Wagner Industrial Services Pty Ltd [2016] 299 QDC Richards DCJ The plaintiff was employed as a truck driver by the defendant. His duties included undertaking pre-start vehicle checks of the truck at the beginning of each shift. In 2011, the plaintiff attempted to unlock a truck door by pulling on the unlocking pin...
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House v Anglo Coal (Callide Management) Pty Ltd & Anor [2016] QDC 303 Dorney QC DCJ The plaintiff was injured in 2011 when the dump truck he was driving collided with the rear of another dump truck at a mine site owned and operated by the first defendant, Callide Management. The plaintiff sued both his...
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Healy v Logan City Council [2016] QCA 314 Fraser and Morrison JJA and Burns J The application concerned the proper construction of s 279(1) of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (“the Act”). The section provides: (1) The parties must cooperate in relation to a claim, in particular by— (a) giving each other...
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Connor v Queensland Rail Ltd [2016] QSC 270 Martin J The applicant employed by the first respondent when she suffered injuries in 2013. The applicant was using her foot to hold open a rear cab door of a train when the train suddenly moved to take off. The applicant was pushed off the train and...
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