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Personal Injuries CLA
RACQ Insurance Limited v Foster [2018] QCA 252 Further to my earlier post the Court of Appeal reviewed the authorities of Newberry v Suncorp Metway Insurance Ltd [2006] 1 Qd R 519; King v Parsons [2006] 2 Qd R 122 and Farnham v Pruden [2017] 1 Qd R 128 when considering the interaction of section...
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Rook v Crofts & Anor [2018] QDC 184 The plaintiff’s claim arose out of a motor vehicle collision when the plaintiff’s vehicle was struck from behind. Accordingly, the trial concerned the quantum of the plaintiff’s damages only. The plaintiff’s injuries were to his cervical and thoracic spine, together with a psychiatric condition. The physical injuries...
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Ritchie v Ikea Pty Limited [2018] QDC 143 Rosengren DCJ The applicant sought leave to commence proceedings pursuant to s. 43(1) of the Personal Injuries Proceedings Act 2002 (PIP Act). There was, however, a preliminary issue as to whether s. 6(2)(c) of the PIP Act applied because the applicant had received workers’ compensation payments for...
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Bunnings Group Ltd v Giudice [2018] NSWCA 144 The facts were not contentious. The plaintiff/respondent tripped and fell injuring her right wrist on entering the playground equipment area at Bunnings to attend to her distressed four-year-old grandson. The trial judge allowed the claim and awarded $179,000.00 including a deduction for contributory negligence of 20%. The...
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The Thistle Company of Australia Pty Ltd v Bretz & Anor [2018] QCA 6 The defendant appealed the decision of negligence and damages for personal injuries of $96,361.13. The plaintiff sustained injuries on 5 October 2012 at the defendant’s petrol station when after filling his car with petrol and walking to the pay station, tripped...
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State of Queensland v Roane-Spray [2017] QCA 245 Fraser and Philippides JJA and Bowskill J The respondent was injured in 2012 when, while being transported on a stretcher by a paramedic, one end collapsed. The respondent successfully brought a claim in the District Court for damages for negligence against the State of Queensland as the...
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Ibrahimi & ors v Commonwealth of Australia (No 9) [2017] NSWSC 1051 I refer you to the headnote and summary in relation to the decision of Bellew J into the 2010 Christmas Island disaster when a vessel carrying boat people struck the cliffs of Christmas Island. Representative proceedings were commenced for the passengers claiming physical...
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Love v North Goonyella Coal Mines Pty Ltd [2017] QSC 140 The plaintiff was injured roof bolting with a colleague, Mr Saliba in an underground mine when the roof bolting machine known as a Rambor (weighing between 40 and 48 kgs) and operated by Mr Saliba fell from a height on the back of his...
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Foster v Carter & Anor [2017] QSC 135 The plaintiff was injured driving a bus in the course of her employment when the first defendant’s vehicle collided with the rear of the bus. Liability was admitted. Quantum was in dispute and whether it was to be assessed at common law or under the Civil Liability...
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Soogyung Kim v Xiaoxia Liu & Anor [2017] QDC 167 Judge Bowskill made no award for past loss of income or future loss of earning capacity on the basis that section 55 of the Civil Liability Act 2003 was not met and the failure by the plaintiff on the evidence that a financial loss would...
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