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Personal Injuries – Limitation Period
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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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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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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Romano v Brisbane City Football Club & Anor [2018] QDC 67 The appellant, Romano sought leave to appeal to the District Court following the refusal of Magistrate Shearer refused to grant leave pursuant to s 43(1) of the Personal Injuries Proceedings Act 2002 (Qld). The basis for the denial by Magistrate Shearer was that the...
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AAI Limited t/as Suncorp Insurance v Birch [2017] QCA 232 Holmes CJ and Gotterson JA and Flanagan J In June 2016, the respondent filed proceedings in the District Court claiming damages for psychiatric injuries after witnessing a fatal car accident in February 2012. Relevantly, prior to commencing proceedings, the respondent was granted relief pursuant to...
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Ballingall v WorkCover Queensland & Ors [2017] QSC 133 The application came before McMeekin J arising out of an incident on 20 June 2013 from a back injury alleged to have been sustained from being violently thrown about in a drift runner (a vehicle used in underground coal mines). The applicant Mr Ballingall alleged he...
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Birch v AAI Limited [2017] QDC 66 Durward SC DCJ The application was for an extension of the limitation period for a psychiatric injury suffered as a result of a motor vehicle accident in February 2012. Relevantly, the applicant was employed as a clinical audiometrist, required to travel by motor vehicle to regional centres in...
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Brittain v Hentys (a firm) & Ors [2017] QSC 40 In issue was: whether the claimant who did not have an assessed injury for any of his work injuries, had the benefit of “deemed compliance” and the extension of the limitation period under s.302 of Workers’ Compensation and Rehabilitation Act 2003 (WCRA). Pursuant to r 483(1)...
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