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Boating
James v Surfers Jet [2015] QDC 233 The Paradise Point outing in April 2010 was intended to give all staff who rolled up the thrill of an authentic jet boat ride on the Southport Broadwater, 14 passengers at a time. Walter James and his wife boarded first and sat at the starboard end of the rear row. Although the...
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Packer v Tall Ship Sailing Cruises Australia Pty Ltd [2015] QCA 108 Further to the earlier posting the plaintiff’s appeal was dismissed. Boddice J with whom Gotterson JA and Flanagan J concurred: Foreseeability [49] The appellant had also sought a finding it was reasonably foreseeable “the assailant would become violent as he was part of...
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Goodhue v Volunteer Marine Rescue Association Incorporated [2014] QDC 29 Judge McGinness decided in the defendant’s favour on factual matters, which were determinative of the type of anchor in place and consequences on causation. However, His Honour went on to provide guidance as to how s.39 of the Civil Liability Act 2003 (Qld) may be...
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Ellery v Sunsail (Australia) Pty Ltd [2014] QDC 285  The failure to adequately brief an 80-yr-old charter yacht passenger before she boarded a vessel in Hamilton Island harbour is alleged to have caused the fractured spine that resulted from her fall down the galley stairs moments later. Read more… Reproduced with the permission of Carter Capner Law
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Du Pradal & Anor v Petchell [2014] QSC 261 It was a perfect Sunday in June 2008 when the pair sped from Scarborough across the calm waters of the bay, for a morning of spearfishing at Cape Moreton. Jacques Du Pradal skippered the 5.5 m Viking to a reef 2nm east of the lighthouse where he and dive companion...
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