Carswell v KBRV Resort Operations Pty Ltd (No 2) [2018] QSC 110 Martin J Background The plaintiff was employed as a tour guide by the defendant. In March 2013, the plaintiff suffered a spinal injury while demonstrating to tourists the activity of jumping from the edge of a sand dune to the dune slope below....Read More
Mineralogy Pty Ltd v BGP Geoexplorer Pty Ltd (No 2) [2018] QSC 42 Jackson J The present application concerned the payment of statutory post-judgment interest pursuant to the Civil Proceedings Act 2011 (Qld) (the CP Act). Relevantly, Jackson J ordered the applicant to pay the respondent US$17,629,673.68 (the judgement). That amount had subsequently been deposited...Read More
Integrated Medical Technology Pty Ltd v Gilbert [2015] QSC 124 Pursuant to UCPR 223(1) and (2) the plaintiffs/applicants sought orders against the defendants/respondents to either make further and better disclosure of certain documents or alternatively, file and serve an affidavit stating that they did not exist, or never existed, or the circumstances in which they...Read More
In brief: A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege. Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case. http://www.allens.com.au/pubs/ldr/foldr21may14.htm Allens is an independent partnership operating in alliance with Linklaters...Read More
JNJ Resources P/L v Crouch & Lyndon [2014] QSC 13 An important decision in considering whether a right existed and the distinction between actual loss and where it is contingent on other matters. Brisbane Barrister – David CormackRead More
Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 (6 November 2013) I refer you to the summary of judgment. Brisbane Barrister – David CormackRead More
Coco v Ord Minnett Ltd [2012] QSC 324 Jackson J: [18] Secondly, the exercise of discretion under UCPR 171 varies according to which of the relevant paragraphs of that rule is in play. For example, if the court determines that a statement of claim discloses no reasonable cause of action it is determining that...Read More
Robinson v Studorp [2013] QSC 238 PRIVATE INTERNATIONAL LAW – RESTRAINT OF PROCEEDINGS – OF LOCAL PROCEEDINGS: CLEARLY INAPPROPRIATE FORUM – GENERALLY – where the plaintiff claims damages for personal injuries caused by the defendant’s negligence in New Zealand – where the defendant filed an application to stay the proceeding pursuant to Uniform Civil...Read More
Herrod v Johnston [2012] QCA 360 CATCHWORDS: CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where parties to the proceedings are siblings and deceased was their father – where deceased in a cattle property partnership with first and second defendants – where deceased‘s...Read More
Article by David Kew, Felicity Keays and Vidal Hockless Kott Gunning The recent case of Matthew Maxwell -v- Highway Hauliers Pty Ltd [2013] WASCA 115 raised the interesting, and as yet unresolved, issue as to the extent to which an insurer can define the scope of...Read More
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