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Personal Injuries – Public Authorities
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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Barker v Commonwealth of Australia [2016] QSC 310 Jackson J The plaintiff was injured in 2011 during the process of an arrest by an Australian Federal Police Officer (the “AFP”) and a protective services officer (the “PSO”) at the Brisbane International Airport. The plaintiff had been consuming alcohol on a flight back to Brisbane and...
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Fleming v State of Queensland [2016] QDC 334 Morzone QC DCJ The plaintiff suffered personal injuries in 2007 when a wooden step collapsed under him at a police station where he was reporting unsupervised children at the local TAB. Relevantly, following the stair incident, the plaintiff sustained injuries during his work as a security officer...
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Roane-Spray v State of Queensland [2016] QDC 348 McGill SC DCJ The plaintiff claimed damages for personal injuries allegedly caused to her when she slid from an ambulance stretcher and hit her head on the bitumen. The plaintiff was being moved from the back of an ambulance on Moreton Island to a landing stage to...
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The Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 was passed on 8 November and assented to on 11 November 2016 removing the limitation period for “child abuse” together with amendments. The date of the proclamation is yet to be set for the Act. The removal of the limitation period is not...
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Rankin v Gosford City Council [2014] NSWSC 1354 Further to the earlier post the appeal by the plaintiff was dismissed. The plaintiff argued on appeal that if the barriers could be removed, then it was reasonably foreseeable that unidentified persons would do so and cause a risk to road users, which the council was liable...
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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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Morris v Redland City Council [2015] QSC 135 The plaintiff was severely injured when he fell from the top of a cliff on North Stradbroke Island to the beach below. Quantum was agreed. Martin J dismissed the plaintiff’s claim against the Redlands Council on: Foreseeability, Breach; Obvious risk (ss 13 and 15 Civil Liability Act); and...
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Roads and Maritime Services v Grant [2015] NSWCA 138 The appellant public authority was successful on appeal in a number of respects including the immunity contained in the Civil Liability Act (NSW) (cf: ss.34-37 CLA Qld): Basten JA with whom the court agreed: The trial judge held that none of these omissions involved the exercise or...
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