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Negligence
Shaw v Thomas [2010] NSWCA 169   The plaintiff was aged 10 when he jumped down from a bunk bed, whilst at a friend’s house for a sleepover and sustained severe head injuries. The learned primary judge found there had been a breach of duty of care relying heavily on the Australian Standard AS4220:1994 (guard rail and ladder)...
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Meshlawn P/L & Anor v State of Qld & Anor [2010] QCA 181 Catchwords STATUTES – ACTS OF PARLIAMENT – STATUTORY POWERS AND DUTIES – EXERCISE – LIABILITY – NEGLIGENCE – PARTICULAR CASES – where appellants owned and operated nightclubs at Surfers Paradise – where appellants had consistently been granted ‘extended hours permits’ under the...
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Boulter v Crouch & Anor [2010] QSC 258 It was admitted that the plaintiff would have been successful against her former solicitor for having failed to commence proceedings for her personal injuries. Quantum was in dispute. The accident pre-dated the Civil Liability Act 2003 (Qld), but nevertheless quantum was assessed at only $11,757.22. Her Honour...
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GEJ & MA Geldard Pty Ltd v DN Mobbs & Ors [2010] QSC 220 Catchwords TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – REASONABLE FORESEEABILITY OF DAMAGE – Where the plaintiff grows cotton crops on properties 20 kms south of the first defendant’s cattle properties – where the sixth...
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Reeves v State of New South Wales [2010] NSWSC 611               CATCHWORDS : TORTS – negligence – duty of care – police officers – reasonable foreseeability of risk of psychiatric injury – failure to monitor psychological condition after a long career – plaintiff placed in stressful situations – assigning...
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