Category

Negligence
Smith v Reader [2020] QSC 48 Decision delivered 23 March 2020, Brisbane, by Ryan J Parties BEVERLEY ANNE SMITH (applicant) v STUART READER (Respondent) Issue The three year period in which to bring a claim for negligence expired, at the latest, on 17 October 2015. The applicant filed her claim on 24 October 2016. The...
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TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157 Davis J FACTS Mr Lynch was employed at Brisbane Grammar School (the Respondent) as a counsellor. Over a one year period from 1986 and 1987, he sexually assaulted the Applicant on numerous occasions. [1]-[2] In 2001, the Applicant sued the Respondent...
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Stephens & Anor v Paradise Ultrasound Specialists Pty Ltd [2019] QSC 134 Crow J Mr and Mrs Stephens, the applicants, sought an extension of time under s.31 of the Limitations of Actions Act 1974 (“the Act”) to commence court proceedings for an action for wrongful birth and personal injuries consequent to wrongful birth after their...
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Corbin v State of Queensland [2019] QSC 110 Ryan J FACTS The Plaintiff, a correctional officer, claimed damages against the State of Queensland for personal injuries sustained when assaulted by a defiant prisoner who was directed to cease smoking. The State of Queensland defended the claim. The Plaintiff began training as a prison officer by...
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Lang v McArthur & Ors [2019] QSC 119 Brown J Facts The applicant aged 42 suffered from leg palsy since she was a young child. The respondents administered injections of penicillin when she was three months old which allegedly damaged the applicant’s left sciatic nerve, causing the palsy. The applicant alleged her parents received negligent...
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Deans v Maryborough Christian Education Foundation Ltd [2019] QCA 75 Further to my earlier post, the plaintiff appealed. Sofronoff P, Gotterson and Morrison JJA Facts The appellant was employed by the Maryborough Christian Education Foundation to work as a specialist schoolteacher at the Riverside Christian College. On 4 March 2015, the appellant was working in...
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Murphy & Ors v Gladstone Ports Corporation Ltd [2019] QSC 12 Crow J Facts [1] – [2] The three plaintiffs brought an action against the defendant in 2017 as the representative claimants in a representative action. The action alleges negligence in the design and construction of the bund wall for the Fisherman’s Landing Port Expansion...
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Caffrey v AAI Limited [2019] QSC 7 Flanagan J Facts The Plaintiff began his policing career in the United Kingdom, in approximately 1984, as a reservist for the Royal Military Police. He then joined the West Mercia Constabulary in 1995 before migrating with his wife and two children to Australia in 2005. At that time, he joined the...
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Oaks Hotels & Resorts Limited v Knauer [2018] QCA 359  Fraser and Gotterson JJA and Bond J Further to the earlier posting regarding the Industrial Court decision, Ms Knauer pursued her former employer through the Queensland Civil and Administrative Tribunal (QCAT). In the Industrial Court appeal, the issue was whether the injury satisfied the definition in...
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James v State of Queensland [2018] QSC 188 Judgement delivered 10 December 2018, Mackay, by Henry J The Plaintiff began working as a paramedic in 1991. In 2004, he was stationed with the Queensland Ambulance Service (“QAS”) at Mt Isa, sometimes relieving at Doomadgee, a single officer station [3]-[4]. Four incidents occurred throughout 2004 which resulted...
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