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...Read More
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...Read More
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...Read More
Cielo v Fitzgerald & Anor; Cielo v Keighran & Anor [2015] QSC 330 The defendants sought the plaintiff’s claim to be dismissed for want of prosecution under r. 389 of the Uniform Civil Procedure Rules 1999. The negligence claimed was alleged between 2002 and 2003, with PIPA claims in 2005 and shortly followed by an...Read More
Mules v Ferguson & Anor [2014] QSC 51 In 2008 when the plaintiff fell ill she was 43 years of age. The plaintiff developed the rare cryptococcal meningitis infection, which progressed with catastrophic consequences. Had the plaintiff been successful at trial, Henry J would have awarded $6,727,776.04 in damages, including the maximum ISV of...Read More
Paul v Cooke [2013] NSWCA 311 Before: Basten JA at [1]; Ward JA at [14]; Leeming JA at [19]. Decision: Appeal dismissed, with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded...Read More
Cox v Fellows [2013] NSWCA 206 Decision: (1) Appeal be dismissed. (2) Appellant to pay the respondent’s costs. Catchwords: TORTS – negligence – breach of duty – medical practitioner – laparoscopic cholecystectomy – whether surgeon departed from the usual standard of care TORTS – negligence – causation – medical practitioner – s 5D Civil Liability...Read More
King v Western Sydney Local Health Network [2013] NSWCA 162 Catchwords TORTS – negligence – breach of duty owed by hospital to newborn child – mother attends hospital – risk of mother developing chicken pox while pregnant – breach – risk to mother and child if mother developed chicken pox – failure to advise mother...Read More
Wallace v Kam [2013] HCA 19 I refer you to the judgment summary A limiting principle of the common law is that the scope of liability in negligence normally does not extend beyond liability for the occurrence of such harm the risk of which it was the duty of the negligent party to...Read More
Sciacca v Ling & Anor [2013] QSC 97 JUDGE: North J ORDER: Application dismissed CATCHWORDS: LIMITATION OF ACTIONS – POSTPONEMENT OF THE BAR – EXTENSION OF PERIOD – CAUSE OF ACTION IN RESPECT OF PERSONAL INJURIES – KNOWLEDGE OF MATERIAL FACTS – MATERIAL FACTS OF A DECISIVE CHARACTER – EVIDENCE TO ESTABLISH RIGHT OF...Read More
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