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Practice & Procedure
Bluefin Seafoods Pty Ltd v Fraser Coast Regional Council [2018] QSC 14 Bowskill J The application concerned whether the plaintiff had pleaded new causes of action in its fourth amended statement of claim for damages against the defendant for misleading and deceptive conduct, negligence and breach of contract. Relevantly, the plaintiff entered into an agreement...
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Mears v State of Queensland [2017] QDC 322 Hornman-Wren SC DCJ The applicant was a student at a school operated by the defendant. In July 2007, while the applicant was walking with another student to class, the applicant’s foot clipped the other student’s foot which led to the applicant tripping and falling on loose garden...
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Yarwood v State of Queensland [2017] QDC 305 Devereaux SC DCJ The applicant, admitted as a solicitor in 1996, was sentenced to 4.5 years’ imprisonment in March 2011 for fraud related offences. The applicant alleges that he suffered personal injuries over a period of time from 9 March 2011 to 13 December 2011 while in...
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Spina v Shimeld [2017] QDC 303 Fantin DCJ In August 2011, the plaintiff was involved in a motor vehicle accident resulting in personal injuries to his cervical spine and shoulders. The second defendant had admitted liability and only quantum remained in issue. The plaintiff sought an order pursuant to r 320 of the Uniform Civil...
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Chardon v Bradley [2017] QCA 314 Fraser and Morrison and McMurdo JJA The appellant was convicted of six sexual offences against the respondent which occurred on an unknown date between September 1998 and October 1999. At the time of the offences, the respondent was 14 or 15 years of age. The respondent subsequently commenced civil...
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Dodd v O’Meara & AAI Limited [2017] QDC 226 Porter QC DCJ The plaintiff was involved in a motor vehicle accident on 26 December 2007 where he allegedly suffered personal injuries. Trial commenced on 29 August 2017. Liability was not in dispute. On the first day of the trial counsel for the defendants commenced cross...
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Kloprogge v Queensland University of Technology (No 2) [2017] QDC 118 Searles DCJ The plaintiff obtained judgement for damages of $663,000 for breach of contract. The plaintiff sought an order that the defendant pay its costs on an indemnity basis while the defendant sought their costs to be assessed on a standard basis. Legislation Rule...
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Dornan v Pacific Manpower (PNG) Limited [2017] QDC 124 Ryrie DCJ The plaintiff was employed by the defendant, Pacific Manpower (PNG) Limited, working in Papua New Guinea where he suffered serious injury as a result of having fallen down a wet slope outside of the accommodation unit shower. The defendant sought to have the proceeding...
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Michael Vincent Baker Superannuation Fund Pty Ltd v Aurizon Operations Limited & Anor (No 2) [2017] QSC 63 Mullins J In Michael Vincent Baker Superannuation Fund Pty Ltd v Aurizon Operations Limited & Anor [2017] QSC 26 the plaintiff succeeded in proving that both the first and second defendants were liable for nuisance. The plaintiff...
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LPD Holdings (Aust) Pty Ltd v Russells [2017] QSC 45 Flanagan J The respondent/applicant (Russells) sought, inter alia, dismissal of the applicant/respondent’s (LPD) proceedings pursuant to r 658 of the Uniform Civil Procedure Rules 1999 (Qld) (the “UCPR”) or the inherent jurisdiction of the Court. The Russells sought summary judgement pursuant to r 293 of...
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