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davidcormack
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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  The new Supreme Court practice direction 18 of 2008 – Efficient Conduct of Civil Litigation requires extensive steps to be taken at all stages of the litigation and commences on filing the claim. The steps include conferencing, document management protocols, an electronic preference for disclosure and document management, including at trial; agreed document plan, identification of...
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Inghams Enterprises Pty Ltd v Kim Yen Tat [2018] QCA 182 Bond J with Gotterson and Morrison JJA agreeing The plaintiff was successful before the trial judge in her claim for sustaining a psychiatric injury after being accosted in a car park by a former employee late at night, after finishing her shift. The car...
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Ritchie v Ikea Pty Limited [2018] QDC 143 Rosengren DCJ The applicant sought leave to commence proceedings pursuant to s. 43(1) of the Personal Injuries Proceedings Act 2002 (PIP Act). There was, however, a preliminary issue as to whether s. 6(2)(c) of the PIP Act applied because the applicant had received workers’ compensation payments for...
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Reproduced with the permission of Michael J Lee of Vincents – You can access the paper by clicking here. David Cormack – Brisbane Barrister & Mediator
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Deans v Maryborough Christian Education Foundation Ltd [2018] QDC 123 The plaintiff, a mentor to school teachers, claimed for personal injuries for fractured patella as a consequence of slipping on a grape during a ‘fruit break’ for primary aged school children. There was no dispute the incident occurred. However, liability and the damages claimed were...
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A Top Class Turf Pty Ltd v Parfitt [2018] QCA 127 Gotterson, Morrison JJA, Brown J On 2 June 2017, the District Court made orders granting leave to the respondent to proceed under s 298 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (the Act), notwithstanding non-compliance with s 275 of the Act.  The applicant...
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