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Evidence
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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Bird v Uniting Church in Australia Property Trust (Q) [2015] QDC 243 The plaintiff’s claim failed principally because she was an unimpressive witness whose credibility could not be accepted in the light of contrary evidence from her G.P, supported by contemporaneous records and bolstered by other unsavoury conduct, which was less than frank and honest....
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Coote v S & P Jackson Pty Ltd [2014] NSWCA 385 [This headnote is not to be read as part of the judgment] In 2006 Mr Matthew Coote, the appellant, was employed by Boral Construction Materials Group Ltd (“Boral”) as a plant operator at an asphalt batching plant in Coffs Harbour. In about June 2006,...
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Coote v S & P Jackson Pty Ltd [2014] NSWCA 385 A reminder that just because a serious accident happens at work does not necessarily mean that breach and causation will be established. Competing probabilities that lead to conjecture is not enough. Macfarlan JA with whom Barrett and Leeming JJA concurred: 21. Logically, and consistent with...
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Romig v Tabcorb Holdings Ltd [2014] QSC 249 Per Dalton J [36] There was variation in the understanding of the medical professionals (treating and expert) as to the exact mechanism by which Ms Romig had suffered injury on 10 September 2004: see the evidence of Mr Knight, Mr O’Sullivan, Dr Todman and Dr Weidmann. Dr...
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Matton Developments Pty Ltd v CGU Insurance Limited [2014] QSC 256  Flanagan J [1] By application filed 10 October 2014, the plaintiff applies for the following orders: “1. Pursuant to r. 478 of the Uniform Civil Procedure Rules 1999 (Qld)(the UCPR) at the trial of this proceeding the court shall: (a)     inspect a Liebherr LTR1100 telescopic...
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Thomas Borthwick & Sons (Australia) Pty Ltd v Ataera [2014] QCA 123 Muir JA with whom Morrison JA and Dalton J concurred. APPEAL AND NEW TRIAL  – APPEAL  – GENERAL PRINCIPLES  – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT  – FUNCTIONS OF APPELLATE COURT  – FINDINGS ON ISSUE OF NEGLIGENCE  – GENERALLY  – where the respondent...
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Australian Securities and Investments Commission v Managed Investments Pty Ltd (No 7) [2014] QSC 72   JUDGE: Douglas J ORDER: Direct that, pursuant to the Uniform Civil Procedure Rules1999 (Qld) r439(5)(b), the affidavit of Mr Jason Maywald be used without Mr Maywald being cross-examined in relation to it. CATCHWORDS: EVIDENCE – AFFIDAVITS AND STATUTORY DECLARATIONS–...
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Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443   Basten JA:   47 …. generally speaking, however, forewarning of objection should be given, particularly in circumstances where, if the objection were meritorious, there might be an opportunity to rectify the deficiency, prior to...
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Geyer v Redeland Pty Limited [2013] NSWCA 338 HEADNOTE [This headnote is not to be read as part of the judgment] The appellant was injured when he fell down approximately 15-20 stairs leaving a social work function whilst in the employ of the second respondent. The appellant alleged that he was bumped by a person...
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