Month

July 2017
Ballingall v WorkCover Queensland & Ors [2017] QSC 133 The application came before McMeekin J arising out of an incident on 20 June 2013 from a back injury alleged to have been sustained from being violently thrown about in a drift runner (a vehicle used in underground coal mines). The applicant Mr Ballingall alleged he...
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A Limited v J [2017] NSWSC 736 A Ltd v J (No 2) [2017] NSWSC 896 A Ltd v J (No 3) [2017] NSWSC 931 In a somewhat novel situation, an application for an urgent statutory will was brought before the Supreme Court of NSW on behalf of a child aged 13. The child had...
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Love v North Goonyella Coal Mines Pty Ltd [2017] QSC 140 The plaintiff was injured roof bolting with a colleague, Mr Saliba in an underground mine when the roof bolting machine known as a Rambor (weighing between 40 and 48 kgs) and operated by Mr Saliba fell from a height on the back of his...
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Allianz Australia Insurance Limited v Mashaghati [2017] QCA 127 The President of the Court of Appeal (with whom McMurdo JA and Applegarth J agreed) had no hesitation in ordering a new trial for an ambush stunt conducted during the trial of a personal injury claim. The claim involved the assessment of damages and in particular...
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Foster v Carter & Anor [2017] QSC 135 The plaintiff was injured driving a bus in the course of her employment when the first defendant’s vehicle collided with the rear of the bus. Liability was admitted. Quantum was in dispute and whether it was to be assessed at common law or under the Civil Liability...
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Soogyung Kim v Xiaoxia Liu & Anor [2017] QDC 167 Judge Bowskill made no award for past loss of income or future loss of earning capacity on the basis that section 55 of the Civil Liability Act 2003 was not met and the failure by the plaintiff on the evidence that a financial loss would...
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