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davidcormack
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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Oaks Hotels & Resorts Limited v Knauer [2018] QCA 359  Fraser and Gotterson JJA and Bond J Further to the earlier posting regarding the Industrial Court decision, Ms Knauer pursued her former employer through the Queensland Civil and Administrative Tribunal (QCAT). In the Industrial Court appeal, the issue was whether the injury satisfied the definition in...
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James v State of Queensland [2018] QSC 188 Judgement delivered 10 December 2018, Mackay, by Henry J The Plaintiff began working as a paramedic in 1991. In 2004, he was stationed with the Queensland Ambulance Service (“QAS”) at Mt Isa, sometimes relieving at Doomadgee, a single officer station [3]-[4]. Four incidents occurred throughout 2004 which resulted...
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Garside v Rohan & Ors [2018] QSC 295 Judgement delivered 11 December 2018, Brisbane, by Davis J. Facts On 25 November 2014, the Plaintiff was travelling North from Emerald to Capella along the Gregory Highway on his motorcycle. The Plaintiff was travelling behind an Emerald bus, which was a few car lengths behind a green truck. 10km...
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Clark v Ernest Henry Mining Pty Ltd [2018] QSC 253 The plaintiff brought an application for a declaration that the proceedings commenced in Rockhampton remain in Rockhampton, the defendant cross-applied for the proceedings to be transferred to Brisbane. The plaintiff was injured in 2014 while at work with Ernest Henry Mining Pty Ltd approximately 38...
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