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Personal Injuries
Interest in historical abuse claims is often a significant and thorny issue of dispute. The appeal decision in Province Leader of the Oceania Province of the Congregation of the Christian Brothers v Lawrence [2021] WASCA 77 is a salient decision about interest. The appeal against interest was dismissed and the cross-appeal increasing interest allowed. The...
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I refer to my earlier post about the Queensland decisions in TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157 (TRG) and by the Court of Appeal in TRG v The Board of Trustees of the Brisbane Grammar School [2020] 190 (TRG appeal). The question of “just and reasonable” in...
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Peebles v WorkCover Queensland [2021] QCA 21 Peebles v WorkCover Queensland [2020] QSC 106 (trial decision) The plaintiff appealed the assessment of past economic loss and future lost earning capacity. It was admitted that the defective truck seat caused the plaintiff’s injury to his spine. The relevant medical evidence diverged as to when, if ever,...
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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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Masters v Daoud [2020] QDC 38 Decision delivered 20 March 2020, Brisbane, by Rinaudo DCJ Parties SHERYL MASTERS (Applicant) v MARK DAOUD (Respondent) Facts In August 2013, the applicant saw the respondent doctor for breast cancer treatment. The respondent advised the applicant that her life was at risk, so it was urgent that she undergo...
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Chase v Workers’ Compensation Regulator [2019] QIRC 195 Decision delivered 11 December 2019, Brisbane, by Industrial Commissioner Black Parties Chase, Claude (Appellant) v Workers’ Compensation Regulator (Respondent)   Facts & Case History The appellant was a firefighter with Queensland Fire and Emergency Services between February 1994 to September 2002. He was both a worker and...
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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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