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davidcormack
TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157 Davis J FACTS Mr Lynch was employed at Brisbane Grammar School (the Respondent) as a counsellor. Over a one year period from 1986 and 1987, he sexually assaulted the Applicant on numerous occasions. [1]-[2] In 2001, the Applicant sued the Respondent...
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Stephens & Anor v Paradise Ultrasound Specialists Pty Ltd [2019] QSC 134 Crow J Mr and Mrs Stephens, the applicants, sought an extension of time under s.31 of the Limitations of Actions Act 1974 (“the Act”) to commence court proceedings for an action for wrongful birth and personal injuries consequent to wrongful birth after their...
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Corbin v State of Queensland [2019] QSC 110 Ryan J FACTS The Plaintiff, a correctional officer, claimed damages against the State of Queensland for personal injuries sustained when assaulted by a defiant prisoner who was directed to cease smoking. The State of Queensland defended the claim. The Plaintiff began training as a prison officer by...
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Lang v McArthur & Ors [2019] QSC 119 Brown J Facts The applicant aged 42 suffered from leg palsy since she was a young child. The respondents administered injections of penicillin when she was three months old which allegedly damaged the applicant’s left sciatic nerve, causing the palsy. The applicant alleged her parents received negligent...
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Manasse v Shine Lawyers Pty Ltd [2019] QSC 123 Crow J Facts The respondent sought damages for professional negligence from the applicant, Shine Lawyers, for allegedly improperly advising her to settle a personal injury claim for $150,000.00 [1]-[5]. Issue Shine Lawyers, the applicant sought to have the trial venue changed from Rockhampton to Brisbane [6]....
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Thomson v State of Queensland & Anor (No 2) [2019] QSC 115 Applegarth J The Supreme Court of Queensland has found that there was “no contest” that a defendant who was ordered to pay more than what was requested by reason of the plaintiff’s mandatory final offer should pay the plaintiff’s costs incurred in pursuing...
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Deans v Maryborough Christian Education Foundation Ltd [2019] QCA 75 Further to my earlier post, the plaintiff appealed. Sofronoff P, Gotterson and Morrison JJA Facts The appellant was employed by the Maryborough Christian Education Foundation to work as a specialist schoolteacher at the Riverside Christian College. On 4 March 2015, the appellant was working in...
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Flick J Facts The Applicant (Mr Robinson) began working for the Respondent (Western Union Business Solutions) on 11th February 2013. Mr Robinson took sick leave for a period of 7 months starting from September 2016 based on his claimed mental disability. 5 medical certificates supporting Mr Robinson’s condition and subsequent inability to work were issued...
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Murphy & Ors v Gladstone Ports Corporation Ltd [2019] QSC 12 Crow J Facts [1] – [2] The three plaintiffs brought an action against the defendant in 2017 as the representative claimants in a representative action. The action alleges negligence in the design and construction of the bund wall for the Fisherman’s Landing Port Expansion...
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Caffrey v AAI Limited [2019] QSC 7 Flanagan J Facts The Plaintiff began his policing career in the United Kingdom, in approximately 1984, as a reservist for the Royal Military Police. He then joined the West Mercia Constabulary in 1995 before migrating with his wife and two children to Australia in 2005. At that time, he joined the...
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