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Infant
Nicotra v State of Queensland [2017] QSC 303 Burns J The applicant was 15 months old when she sustained severe brain damage in 1998 allegedly caused by deficiencies in treatment provided to her during the course of two separate hospital admissions that year. As a consequence of her injuries, the applicant was left profoundly disabled...
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Lennon v Gympie Motel (BN 3451616) [2016] QSC 315 Flanagan J Pursuant to rule 483 of the Uniform Civil Procedure Rules (Qld) liability was determined separately to damages. The plaintiff was rendered a tetraplegic when as a child aged 12 years and 9 months of age, she dived into a pool at a motel in...
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Case & Anor v Eaton & Anor [2016] QSC 239 The decision is of interest because in similar factual circumstances, his Honour Henry J declined to follow his Honour Boddice J in Maggs v RACQ Insurance Limited [2016] QSC 41 In issue was whether fund management fees could be recovered for an infant whose claim had...
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Fuller-Lyons v New South Wales [2015] HCA 31 French CJ; Bell, Gageler, Keane & Nettle JJ: [1] On 29 January 2001, Corey Travis Fuller-Lyons suffered severe injuries when he fell from a train. Corey was eight years old at the time. Corey brought proceedings in the Supreme Court of New South Wales (Beech-Jones J) by his tutor...
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Ali v Auguste & Anor [2014] QDC 272 These sorts of trials are uncommon and this decision helpfully analyses the relevant principles. Ryrie DCJ [1] Ms Al Ali, the plaintiff in this matter, claims damages for personal injuries and consequential loss suffered by her as a result of a motor vehicle accident which occurred on...
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