Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22 (13 June 2018) I refer you to the judgment summary and the uncontentious facts. Mr Latz contracted mesothelioma and claimed the loss of his pension ($5,106.00 per annum) and superannuation ($51,162.00 per annum) for the ‘lost years’ – a period of 16...Read More
Costin v Copson & Anor [2017] QDC 183 Reid DCJ The plaintiff, a resident of Denmark travelling to Australia, was the front seat passenger of a motor vehicle driven by the first defendant who was struck from behind in March 2014, eventuating in a concertina collision. A day after the accident, the plaintiff attended upon...Read More
Case & Anor v Eaton & Anor [2016] QSC 239 The decision is of interest because in similar factual circumstances, his Honour Henry J declined to follow his Honour Boddice J in Maggs v RACQ Insurance Limited [2016] QSC 41 In issue was whether fund management fees could be recovered for an infant whose claim had...Read More
Smith v Randall & Anor [2016] QSC 191 Applegarth J The subject accident occurred in 2013 when Mr Randall, driving a utility along a highway consisting of one lane each way, attempted to turn right across a broken centre dividing line into a driveway. Mr Smith, who had been travelling behind Mr Randall in a...Read More
Mashaghati v Anderson & Allianz [2016] QDC 245 Morzone QC DCJ Liability was admitted, but credit, causation and damages were in issue. The subject injury occurred in 2011 when the plaintiff collided with a stationary vehicle after taking evasive action to avoid collision with the first defendant. The collision was caused by a negligent U-turn...Read More
Burford v RSL (Queensland) War Veterans’ Homes Limited [2014] QDC 203 The evidence of Doctors Williams and McPhee were preferred to Dr Pentis in dismissing an over period of time back injury claim, in the absence of a traumatic event or identifiable activity. Clare SC DCJ Breach of duty [11] It was the...Read More
Doulis v State of Victoria [2014] VSC 395 NEGLIGENCE – Workplace injury – Psychiatric injury – Duty of care – Foreseeability – Content of duty to avoid psychiatric injury to employee – Terms of employment contract Ginnane J: The content of the duty of care that the defendant owed to Mr Doulis 519 In Koehler...Read More
ECS Group (Australia) Pty Ltd v Hobby [2014] NSWCA 193 Before Gleeson JA at [1]; Sackville AJA at [2]; McDougall J at [75] Decision 1. Appeal allowed in part. 2. Cross-appeal dismissed. 3. Set aside Order 1 made by Mahony SC DCJ on 1 May 2013. 4. The parties file within seven days an...Read More
By Robert Sheldon Waco Kwikform Ltd v Perigo and Workers Compensation Nominal Insurer [2014] NSWCA 140 Catchwords TORTS – negligence claims by employee of independent sub-contractor against his employer and principal sub-contractor – employee injured whilst dismantling birdcage scaffolding – scope of duty of care of principal sub-contractor where had assumed responsibility to devise and supervise...Read More
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