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CLA
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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Attached: ISV’s (Qld) ISV’s – June 2017 David Cormack – Brisbane Barrister & Mediator
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AAI Limited v McQuitty [2016] QCA 326 Dalton J with Gotterson and Morrison JJA concurring: Further to the earlier post which sets out the facts and reasoning of Jackson J the trial judge, the respondent/defendant appealed in relation to the basis for the awards of general damages and gratuitous care, together with life expectancy. The...
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Farnham v Pruden & Anor [2016] QCA 18 Further to my earlier post the Court of Appeal has followed its decision in Ballandis v Swebbs & Anor [2015] QCA 76. It is now abundantly clear that by reason of s 5(1)(b) of the Civil Liability Act 2003 (CLA), in circumstances where a “journey claim” arises under s...
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Christian Education Ministries – Qld Ltd v Thomson Adsett Pty Ltd [2015] QDC 292 The plaintiff engaged the defendant as architects to provide plans for a multipurpose hall under the then ‘building education revolution program’ for one of its schools. In dispute was whether the plans were to accommodate a full size basketball court, and...
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Schultz v McCormack [2015] NSWCA 330 The New South Wales Court of Appeal has upheld an injured’s guests appeal who slipped on wet tiled steps. The factual matrix would be common to many households – around midnight a guest leaves the residence of long term friend after it has rained earlier that evening, and slips...
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Hamcor Pty Ltd & Anor v State of Queensland & Ors [2014] QSC 224 A useful discussion of a novel circumstance of whether the Queensland Fire and Rescue Service (QFRS) owed a duty of care when attending a large chemical fire by the use of water, which subsequently became contaminated with chemicals. If owed, was it...
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Roads and Maritime Services v Grant [2015] NSWCA 138 The appellant public authority was successful on appeal in a number of respects including the immunity contained in the Civil Liability Act (NSW) (cf: ss.34-37 CLA Qld): Basten JA with whom the court agreed: The trial judge held that none of these omissions involved the exercise or...
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Perisher Blue Pty Ltd v Nair-Smith [2015] NSWCA 90 In the present case, the source of the respondent’s injuries was the impact of the chair’s right armrest with her groin. In Shaw v Thomas [2010] NSWCA 169 at [43] Macfarlan JA said: “Under the general law relating to the tort of negligence it is well...
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Curtis v Harden Shire Council [2014] NSWCA 314 HEADNOTE [This headnote is not to be read as part of the judgment] On 20 August 2004, the appellant’s partner, Ms Paterson, was fatally injured when the car she was driving ran off the road and hit a tree. At the time of the accident, the respondent,...
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