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Evidence
Garside v Rohan & Ors [2018] QSC 295 Judgement delivered 11 December 2018, Brisbane, by Davis J. Facts On 25 November 2014, the Plaintiff was travelling North from Emerald to Capella along the Gregory Highway on his motorcycle. The Plaintiff was travelling behind an Emerald bus, which was a few car lengths behind a green truck. 10km...
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Brown v Daniels & Anor [2018] QSC 209 The plaintiff claimed for personal injuries sustained when his motorcycle collided with the rear of a horse float towed by the first defendant when the first defendant turned into the path of the plaintiff. The compulsory insurer (second defendant) alleged the plaintiff was travelling too fast to...
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  The new Supreme Court practice direction 18 of 2008 – Efficient Conduct of Civil Litigation requires extensive steps to be taken at all stages of the litigation and commences on filing the claim. The steps include conferencing, document management protocols, an electronic preference for disclosure and document management, including at trial; agreed document plan, identification of...
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Inghams Enterprises Pty Ltd v Kim Yen Tat [2018] QCA 182 Bond J with Gotterson and Morrison JJA agreeing The plaintiff was successful before the trial judge in her claim for sustaining a psychiatric injury after being accosted in a car park by a former employee late at night, after finishing her shift. The car...
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Berwick v Clark & Anor [2018] QSC 116 Applegarth  In August 2012 the plaintiff suffered catastrophic injuries including a severe head injury resulting in permanent disability, when his vehicle, a Mazda 6, collided with the first defendant’s vehicle, a Mazda 2, crossing the plaintiff’s lane. The plaintiff could not give evidence because of the cognitive...
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Nash v Damorange Pty Ltd & Anor [2017] QDC 275 Clare SC DCJ On 18 July 2012, a collision between the appellant’s truck and the first respondent’s prime mover, driven by the second respondent, resulted in significant damage to both vehicles. Neither driver was injured in the collision. The first and second respondents (the respondent)...
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Schofield v Hopman & Anor [2017] QSC 297 McMeekin J In August 2014 the plaintiff sustained personal injuries in a motor vehicle accident. The plaintiff was riding his motorcycle behind another two riders on a single lane road when he collided with the insured’s oncoming vehicle. Pursuant to ss 132, 133 Transport Operation (Road Use...
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McGrory v Medina Property Services Pty Limited [2017] QCA 234 Sofronoff P and Fraser JA and Brown J In January 2011, the appellant suffered an injury to both shoulders while lifting a metal container containing ice during the course of her employment. Relevantly, the appellant did not attend upon her general practitioner until May of...
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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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Blacktown City Council v Hocking [2008] NSWCA 144 Spigelman CJ (Beazley JA agreeing): 7 Tobias JA sets out the authorities which consider the use of photographs by a trial judge. It is not entirely clear in what circumstances photographs can be used as direct evidence, as distinct from explicating the evidence otherwise given. 8 As...
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