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Appeals
R v Lavin [2019] QCA 109 McMurdo JA and Mullins and Davis J FACTS On 6 February 2019, the Appellant, an officer of Multi-Run Roofing Pty Ltd (the company) was found guilty of failing to exercise due diligence duties to ensure that the company, complied with a primary duty of care provisions under the Work...
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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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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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Workers’ Compensation Regulator v Pryszlak [2018] QCA 157 Further to the earlier post and the decision of McMeekin J in Pryszlak v Workers’ Compensation Regulator [2017] QSC 286 the question of “special circumstances” in s.542(3) of the Workers’ Compensation and Rehabilitation Act 2003 (the Act) was appealed. Sofronoff P delivered the judgment. Fraser and Philippides JJA concurred....
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Bunnings Group Ltd v Giudice [2018] NSWCA 144 The facts were not contentious. The plaintiff/respondent tripped and fell injuring her right wrist on entering the playground equipment area at Bunnings to attend to her distressed four-year-old grandson. The trial judge allowed the claim and awarded $179,000.00 including a deduction for contributory negligence of 20%. The...
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Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22 (13 June 2018) I refer you to the judgment summary and the uncontentious facts. Mr Latz contracted mesothelioma and claimed the loss of his pension ($5,106.00 per annum) and superannuation ($51,162.00 per annum) for the ‘lost years’ – a period of 16...
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Romano v Brisbane City Football Club & Anor [2018] QDC 67 The appellant, Romano sought leave to appeal to the District Court following the refusal of Magistrate Shearer refused to grant leave pursuant to s 43(1) of the Personal Injuries Proceedings Act 2002 (Qld). The basis for the denial by Magistrate Shearer was that the...
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Nash v Damorange Pty Ltd & Anor [2017] QDC 275 Clare SC DCJ On 18 July 2012, a collision between the appellant’s truck and the first respondent’s prime mover, driven by the second respondent, resulted in significant damage to both vehicles. Neither driver was injured in the collision. The first and second respondents (the respondent)...
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The Thistle Company of Australia Pty Ltd v Bretz & Anor [2018] QCA 6 The defendant appealed the decision of negligence and damages for personal injuries of $96,361.13. The plaintiff sustained injuries on 5 October 2012 at the defendant’s petrol station when after filling his car with petrol and walking to the pay station, tripped...
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Pryszlak v Workers’ Compensation Regulator [2017] QSC 286 McMeekin J The applicant sought to claim workers’ compensation for a hand injury alleged to be sustained during the course of his employment. By letter dated 27 August 2015, the applicant was advised that his claim was rejected principally because WorkCover was not satisfied that the applicant’s...
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