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Appeals
McGrory v Medina Property Services Pty Limited [2017] QCA 234 Sofronoff P and Fraser JA and Brown J In January 2011, the appellant suffered an injury to both shoulders while lifting a metal container containing ice during the course of her employment. Relevantly, the appellant did not attend upon her general practitioner until May of...
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State of Queensland v Roane-Spray [2017] QCA 245 Fraser and Philippides JJA and Bowskill J The respondent was injured in 2012 when, while being transported on a stretcher by a paramedic, one end collapsed. The respondent successfully brought a claim in the District Court for damages for negligence against the State of Queensland as the...
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 Pere v Central Queensland Hospital and Health Service [2017] QCA 225 Gotterson and Morrison JJA and Applegarth J The applicant commenced proceedings in 2015 for personal injury against the respondent, his former employer, the Central Queensland Hospital and Health Service. The applicant alleged psychiatric injuries based on taking his blood without consent and witnessing him...
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AAI Limited t/as Suncorp Insurance v Birch [2017] QCA 232 Holmes CJ and Gotterson JA and Flanagan J In June 2016, the respondent filed proceedings in the District Court claiming damages for psychiatric injuries after witnessing a fatal car accident in February 2012. Relevantly, prior to commencing proceedings, the respondent was granted relief pursuant to...
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Brisbane Youth Service Inc v Beven [2017] QCA 211 Further to my earlier post the employer appealed the decision of Atkinson J based on whether [114]: (a) There was a foreseeable and not insignificant risk; (b) That a particular employee, the respondent; (c) In providing court advocacy services, away from T’s home and a 10...
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Rose v Tomkins & Ors [2017] QCA 157 Morrison and Philippides JJA and Flanagan J The testatrix, Ms Julia Mary Jones, deceased, was in a de-facto relationship with Mr Bevan Warren Tomkins, the first respondent, who both had their own respective children from a previous marriage, the second and third respondents. Both the testatrix and...
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The plaintiff injured his left shoulder while working as a ‘picker’ at Woolworths Limited’s (Woolworths) distribution centre at Larapinta in the produce and chiller section. The plaintiff commenced working in August 2010 and complained of the injury in June 2011. The first interlocutory skirmish was back in 2013 over the wording of the Notice of...
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The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103  Further to the trial and judgment for the plaintiff, while the negligence of the employer was not in issue, the Court of Appeal allowed the defendant’s appeal on factual causation under s 305D Workers’ Compensation and Rehabilitation Act2003 (WCRA) because the plaintiff could...
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AAI Limited & Anor v Marinkovic [2017] QCA 54 Morrison JA with Fraser JA and Mullins J concurring The respondent was involved in a motor vehicle accident in April 2010 where he suffered personal injuries to his neck and back. The trial judge awarded $461,249. The appellants contended that the award was erroneously too high...
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Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374 Dowsett, Barker and Rangiah JJ Background The appellant was employed as a boilermaker at a mine in Queensland and in October 2011 he injured his right shoulder while undertaking work duties. In July 2012, the appellant further injured his shoulder while mowing his lawn....
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