Month

April 2017
Brown v Holzberger & AAI Limited [2017] QSC 54 McMeekin J The plaintiff, Mr Brown suffered serious injuries when his motorcycle collided with the first defendant’s motor vehicle, Mr Holzberger at an intersection. The plaintiff’s injuries culminated in a below knee amputation. At the time of the accident, the plaintiff was 19 years old. The...
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Budulica v Budulica [2017] QSC 60 Mullins J The applicant sought, inter alia, removal of the respondent as the executor and trustee of the deceased’s will and ancillary relief in relation to the appointment of a substitute administrator and trustee. There was hostility between the applicant and respondent, who were siblings, with a history founded...
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Bigby v Kondra & Anor [2017] QSC 37 Daubney J The plaintiffs’ home was badly damaged in November 2008 as a result of a severe storm. The plaintiffs sued the first defendant, a registered builder, seeking damages for the loss and damage suffered because of the damage to the house. Relevantly, the first defendant had...
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LPD Holdings (Aust) Pty Ltd v Russells [2017] QSC 45 Flanagan J The respondent/applicant (Russells) sought, inter alia, dismissal of the applicant/respondent’s (LPD) proceedings pursuant to r 658 of the Uniform Civil Procedure Rules 1999 (Qld) (the “UCPR”) or the inherent jurisdiction of the Court. The Russells sought summary judgement pursuant to r 293 of...
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In the matter of the Public Trustee of Queensland as Administrator of the estate of KH, deceased [2017] QSC 48 Lyons J The Public Trustee of Queensland (the “PTQ”) sought directions and/or advice as to whether the PTQ should distribute part of an estate of the deceased to the persons entitled under the Succession Act...
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(re Dargan) Amaca Pty Limited v Northern Sydney Health Services & Ors [2017] NSWDDT 1 In re Dargan, the plaintiff suffered from mesothelioma and before his death, the plaintiff received from WorkCover the statutory benefit of $627,407.00 and entered into an agreement with WorkCover to pursue a claim against Amaca Pty Limited (“Amaca”). The terms...
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Hicks v Mater Misericordiae Ltd [2017] QSC 38 Douglas J The deceased left her estate to the “Medical Superintendent for the time being of the Mater Children’s Hospital in Brisbane for the purchase of medical equipment for the treatment of seriously ill children”. Further, the deceased directed her trustees “to see to the proper expenditure...
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Emprja Pty Ltd v Red Engine Group Pty Ltd [2017] QSC 33 Jackson J The applicant sought injunctive relief either to require the respondent to comply with dimensional requirements of a moored boat or to restrain a trespass constituted by a part of the boat protruding over the boundary of the sublease for the berth....
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AAI Limited & Anor v Marinkovic [2017] QCA 54 Morrison JA with Fraser JA and Mullins J concurring The respondent was involved in a motor vehicle accident in April 2010 where he suffered personal injuries to his neck and back. The trial judge awarded $461,249. The appellants contended that the award was erroneously too high...
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Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374 Dowsett, Barker and Rangiah JJ Background The appellant was employed as a boilermaker at a mine in Queensland and in October 2011 he injured his right shoulder while undertaking work duties. In July 2012, the appellant further injured his shoulder while mowing his lawn....
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