Month

March 2017
Birch v AAI Limited [2017] QDC 66 Durward SC DCJ The application was for an extension of the limitation period for a psychiatric injury suffered as a result of a motor vehicle accident in February 2012. Relevantly, the applicant was employed as a clinical audiometrist, required to travel by motor vehicle to regional centres in...
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Whitley v Aldi Stores [2017] QDC 50 Koppenol DCJ In 2013 the plaintiff suffered an injury to her left wrist while pulling a 4kg dry dog food bag from the conveyor belt to scan the product at a cash register. The plaintiff alleged the injury left the plaintiff permanently unemployable due to the development of...
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Lee v Lee & Ors [2017] QSC 42 The plaintiff sustained catastrophic spinal injuries in a motor vehicle accident on 25 September 2013. Central to the determination of liability was whether the plaintiff aged 17 years and unlicensed at the time of the accident, was the driver or if it was his father. The matter...
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Brittain v Hentys (a firm) & Ors [2017] QSC 40 In issue was: whether the claimant who did not have an assessed injury for any of his work injuries, had the benefit of “deemed compliance” and the extension of the limitation period under s.302 of Workers’ Compensation and Rehabilitation Act 2003 (WCRA). Pursuant to r 483(1)...
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Farrell v Boston [2016] QSC 278 Holmes CJ The application concerned whether a grant of probate obtained by the respondent could be set aside because it was made under a mistake of fact. Relevantly, r 642(1)(a)(ii) of the Uniform Civil Procedure Rules 1999 (Qld) provides: (1) The court may, on application, revoke a grant or...
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Rhodes v Rhodes (as Executor of the Will of Cecil Ronald Rhodes) & Ors [2017] QSC 21 Henry J The present application concerned the construction and effect of the deceased’s testamentary disposition. The pro forma will left the deceased’s estate in the following terms: “All my worldly goods to my ex wife who will distribute...
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Baioumy v Wendt [2017] QDC 55 Morzone QC DCJ In facts that were unusual, to say the least, the plaintiff alleged suffering personal injuries and being falsely imprisoned on a fishing vessel at sea for several days. The plaintiff alleged he was detained on the vessel as part of a plan to enable a child...
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Port Ballidu Pty Ltd v Frews Lawyers & Ors [2017] QSC 19 Applegarth J The application for summary judgment raised whether in equity the limitation period had also expired by reference to analogous statutory period. Background In 2006 one of the plaintiff’s then directors mortgaged the plaintiff’s land in favour of J Wright Enterprises Pty...
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Frastika v Cosgrove as executor of the estate of Russell Walter O’Halloran (Deceased) [2016] QSC 312 Boddice J The application concerned whether the applicant established that it is just and proper for the court to exercise its statutory discretion to extend time to bring an application for further provision out of an estate. The applicant...
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Bert & Ors v Red 5 Limited & Anor [2017] QSC 8 Applegarth J In 2016, the claim for damages by each of the plaintiffs was dismissed by Applegarth J in Bert v Red 5 Ltd [2016] QSC 302. The application concerned whether costs should be ordered against all plaintiffs and whether those costs should...
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