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Negligence
SS Family Pty Ltd v WorkCover Queensland [2018] QCA 296 Further to my earlier post the Court of Appeal considered the decision of judge Porter and affirmed the trial decision. Fraser JA delivered the leading judgment with the President and Davis J concurring. The decision by WorkCover Queensland to accept the applicant as a worker...
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Zavodny v Couper & QBE [2018] QSC 238 The plaintiff who was injured in a traffic collision brought an application under rule 223 of the Uniform Civil Procedure Rules (UCPR) shortly before the trial, seeking disclosure of documents, including surveillance, as referred in the insurer’s updated list of documents, but for which privilege was claimed....
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RACQ Insurance Limited v Foster [2018] QCA 252 Further to my earlier post the Court of Appeal reviewed the authorities of Newberry v Suncorp Metway Insurance Ltd [2006] 1 Qd R 519; King v Parsons [2006] 2 Qd R 122 and Farnham v Pruden [2017] 1 Qd R 128 when considering the interaction of section...
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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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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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Ritchie v Ikea Pty Limited [2018] QDC 143 Rosengren DCJ The applicant sought leave to commence proceedings pursuant to s. 43(1) of the Personal Injuries Proceedings Act 2002 (PIP Act). There was, however, a preliminary issue as to whether s. 6(2)(c) of the PIP Act applied because the applicant had received workers’ compensation payments for...
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Deans v Maryborough Christian Education Foundation Ltd [2018] QDC 123 The plaintiff, a mentor to school teachers, claimed for personal injuries for fractured patella as a consequence of slipping on a grape during a ‘fruit break’ for primary aged school children. There was no dispute the incident occurred. However, liability and the damages claimed were...
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Bunnings Group Ltd v Giudice [2018] NSWCA 144 The facts were not contentious. The plaintiff/respondent tripped and fell injuring her right wrist on entering the playground equipment area at Bunnings to attend to her distressed four-year-old grandson. The trial judge allowed the claim and awarded $179,000.00 including a deduction for contributory negligence of 20%. The...
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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....
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Colwell v Top Cut Foods Pty Ltd [2018] QDC 119 The plaintiff sought damages for an assault which took place at work by a co-worker. The employer denied liability and the quantum of the damages claimed. The assault took place on 20 January 2014, and the protagonist was Mr Parks. The was no dispute the...
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