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Negligence
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...
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Pocock v Citi-Steel Pty Ltd [2018] QDC 81 Rafter J The parties agreed on damages ($160,000.00) but disputed liability for causing the plaintiff his personal injuries. The plaintiff was injured on 12 September 2014 at a time when the it was necessary to have an impairment of greater than 5% as assessed under the Workers’...
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Romano v Brisbane City Football Club & Anor [2018] QDC 67 The appellant, Romano sought leave to appeal to the District Court following the refusal of Magistrate Shearer refused to grant leave pursuant to s 43(1) of the Personal Injuries Proceedings Act 2002 (Qld). The basis for the denial by Magistrate Shearer was that the...
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The Thistle Company of Australia Pty Ltd v Bretz & Anor [2018] QCA 6 The defendant appealed the decision of negligence and damages for personal injuries of $96,361.13. The plaintiff sustained injuries on 5 October 2012 at the defendant’s petrol station when after filling his car with petrol and walking to the pay station, tripped...
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Baig v AWX Pty Ltd & Anor [2017] QSC 325 The plaintiff worked via the first defendant’s labour hire company at the second defendant’s abattoir in the paunch room. His task was to remove the ‘bible’ (omasum) from the beast’s paunch. The plaintiff alleged he sustained a lower back injury on 5 July 2010. The...
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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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Cincovic v Blenner’s Transport Pty Ltd [2017] QSC 320 Boddice J In March 2014, the plaintiff sustained compression fractures to his spine when he fell backwards off a pallet jack during the course of his employment with the defendant. Relevantly, the plaintiff was riding the pallet jack like a scooter when another employee of the...
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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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State of Queensland v Roane-Spray [2017] QCA 245 Fraser and Philippides JJA and Bowskill J The respondent was injured in 2012 when, while being transported on a stretcher by a paramedic, one end collapsed. The respondent successfully brought a claim in the District Court for damages for negligence against the State of Queensland as the...
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 Pere v Central Queensland Hospital and Health Service [2017] QCA 225 Gotterson and Morrison JJA and Applegarth J The applicant commenced proceedings in 2015 for personal injury against the respondent, his former employer, the Central Queensland Hospital and Health Service. The applicant alleged psychiatric injuries based on taking his blood without consent and witnessing him...
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