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Personal Injuries – Dependency
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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Johnson & Anor v Hancock [2014] QCA 130 McGill DCJ Knew or ought to have known [19] It will be apparent therefore that I have significant concerns about the credibility of the defendants. On the whole I was not impressed with either of them in the witness box, and neither struck me as a particularly...
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Schimke v Clements & Suncorp Metway Insurance Ltd [2011] QSC 182 Issues: liability and quantum in a “dependency” claim, where each motorist claimed right of way pursuant to the Transport Operations (Road Use Management—Road Rules) Regulation 1999, s 70, s 93 (“TORUM”); whether the duty of care owed by each is determined by the TORUM...
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French v QBE Insurance (Australia) Limited [2011] QSC 105 A landmark judgment that traverses multiple aspects of the law of negligence this week delivered more than $750,000 to a Gold Coast social worker following her intoxicated partner’s dumping out of the back door of a Regent Taxi in Ashmore in 2003. Read more of the article....
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Thornton v Lessbrook Pty Ltd [2010] QSC 308 CATCHWORDS DAMAGES – MEASURE OF DAMAGES – FATAL ACCIDENTS LEGISLATION – action by de facto partner over death of fiancé in aircraft accident – assessment of pecuniary loss where the deceased was likely to maintain her career and earn more than the plaintiff – contingencies – possibility...
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