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Practice & Procedure
Lee v Lee & Ors [2017] QSC 42 The plaintiff sustained catastrophic spinal injuries in a motor vehicle accident on 25 September 2013. Central to the determination of liability was whether the plaintiff aged 17 years and unlicensed at the time of the accident, was the driver or if it was his father. The matter...
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Brittain v Hentys (a firm) & Ors [2017] QSC 40 In issue was: whether the claimant who did not have an assessed injury for any of his work injuries, had the benefit of “deemed compliance” and the extension of the limitation period under s.302 of Workers’ Compensation and Rehabilitation Act 2003 (WCRA). Pursuant to r 483(1)...
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Baioumy v Wendt [2017] QDC 55 Morzone QC DCJ In facts that were unusual, to say the least, the plaintiff alleged suffering personal injuries and being falsely imprisoned on a fishing vessel at sea for several days. The plaintiff alleged he was detained on the vessel as part of a plan to enable a child...
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Bert & Ors v Red 5 Limited & Anor [2017] QSC 8 Applegarth J In 2016, the claim for damages by each of the plaintiffs was dismissed by Applegarth J in Bert v Red 5 Ltd [2016] QSC 302. The application concerned whether costs should be ordered against all plaintiffs and whether those costs should...
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Electro Industry Group Queensland Ltd v O’Donnell Griffin Pty Ltd [2017] QCA 24 The appeal followed the decision by Martin J on 18 July 2016 to strike out the third party proceedings (ODG) for want of prosecution under Rule 389 of the Uniform Civil Procedure Rules 1999 because the defendant (EIG) did not take a step...
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Kerle v BM Alliance Coal Operations Pty Ltd & Ors (No 2) [2017] QSC 7 McMeekin J I refer to the previous post, the plaintiff was successful in his claim for damages arising from a motor vehicle accident during the commute from his workplace caused by fatigue from work. In issue was: Whether the plaintiff’s...
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Robinson & Anor v Westpac Life Insurance Services Limited [2017] QDC 40 Smith DCJA The plaintiffs claimed the defendant had breached a contract of insurance by failing to pay out on a TPD claim. By September 2015 the defendant had refused to pay out the claim three times. The defendant requested particulars, which when provided...
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Lennon v Gympie Motel (BN 3451616) [2016] QSC 315 Flanagan J Pursuant to rule 483 of the Uniform Civil Procedure Rules (Qld) liability was determined separately to damages. The plaintiff was rendered a tetraplegic when as a child aged 12 years and 9 months of age, she dived into a pool at a motel in...
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Kerle v MB Alliance Coal Operations Pty Limited & Ors [2016] QSC 304 The decision of McMeekin J is of seminal importance to practitioners who undertake work-related claims where the common matrix of a principal contractor, labour hire provider and host employer exists, especially for an injury that arises in circumstances that is off-site or...
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Woolworths Limited v Berhane Ghebreigziabiher Berhane [2016] QCA 238 Phillip McMurdo JA The respondent suffered a shoulder injury while employed by the applicant, Woolworths. The respondent’s case was dismissed at trial and the respondent appealed. Due to the financial standing of the respondent, Woolworths made an application for security of the costs of the appeal...
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