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davidcormack
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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Day v Woolworths Limited & Ors [2018] QSC 266 The matter returned to court because the plaintiff refused to elect one of the doctors from the various specialities and an occupational therapist, the subject of an order a year ago by Douglas J on 27 February 2017 under the Personal Injuries Proceedings Act 2002. In...
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SS Family Pty Ltd v WorkCover Queensland [2018] QCA 296 Further to my earlier post the Court of Appeal considered the decision of judge Porter and affirmed the trial decision. Fraser JA delivered the leading judgment with the President and Davis J concurring. The decision by WorkCover Queensland to accept the applicant as a worker...
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Zavodny v Couper & QBE [2018] QSC 238 The plaintiff who was injured in a traffic collision brought an application under rule 223 of the Uniform Civil Procedure Rules (UCPR) shortly before the trial, seeking disclosure of documents, including surveillance, as referred in the insurer’s updated list of documents, but for which privilege was claimed....
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RACQ Insurance Limited v Foster [2018] QCA 252 Further to my earlier post the Court of Appeal reviewed the authorities of Newberry v Suncorp Metway Insurance Ltd [2006] 1 Qd R 519; King v Parsons [2006] 2 Qd R 122 and Farnham v Pruden [2017] 1 Qd R 128 when considering the interaction of section...
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Rook v Crofts & Anor [2018] QDC 184 The plaintiff’s claim arose out of a motor vehicle collision when the plaintiff’s vehicle was struck from behind. Accordingly, the trial concerned the quantum of the plaintiff’s damages only. The plaintiff’s injuries were to his cervical and thoracic spine, together with a psychiatric condition. The physical injuries...
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Brown v Daniels & Anor [2018] QSC 209 The plaintiff claimed for personal injuries sustained when his motorcycle collided with the rear of a horse float towed by the first defendant when the first defendant turned into the path of the plaintiff. The compulsory insurer (second defendant) alleged the plaintiff was travelling too fast to...
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