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Personal Injuries – Public Authorities
Rankin v Gosford City Council [2014] NSWSC 1354 Negligence – unknown malefactors moved traffic barriers hired by Council for use in road works – plaintiff injured when he collided with barriers while riding motorbike along road – ss5B, 5C, 5D, 5E & 45 Civil Liability Act 2002 (NSW) – s7(4) Roads Act 1993 (NSW) – s45E Transport Administration Act 1988 (NSW) –...
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Curtis v Harden Shire Council [2014] NSWCA 314 HEADNOTE [This headnote is not to be read as part of the judgment] On 20 August 2004, the appellant’s partner, Ms Paterson, was fatally injured when the car she was driving ran off the road and hit a tree. At the time of the accident, the respondent,...
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State of Queensland v Kelly [2014] QCA 27 Further to my earlier post, the Court of Appeal dismissed the appeal by the defendant in relation to finding of obvious risk within the meaning of s 13 of the Civil Liability Act 2003 (Qld). Fraser JA delivered the leading judgment with Philippides and Henry JJ concurring:...
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Riley v State of Queensland [2013] QMC 013   The respondent/father was falsely accused of sexually abusing his daughters, including rape, by the then Department of Child Safety. The Department neglected and refused over a protracted period of time to correct the information when simple inquiries would have ascertained so. The summary judgment application by...
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Carter Capner Lawyers O’Connor v Brisbane City Council [2013] QDC 137 The Brisbane City Council has failed in its Civil Liability Act bid to hold out a fitness rider from injury damages after he was thrown from his bike on encountering unfinished bitumen resurfacing on a suburban bayside thoroughfare. The council argued every conceivable CLA...
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Council of the City of Greater Taree v Wells [2010] NSWCA 147 TORTS – duty of care – duty of council to users of public pathway – whether appellant owed duty of care in circumstances where it installed an obstruction along a public pathway – TORTS – duty of care – scope of duty –...
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Moder v Commonwealth of Australia; Sochorova v Commonwealth of Australia [2012] QCA 92 Another example of a claim against the Commonwealth wherein such part of the claim which related to personal injuries, which had not complied with the Personal Injuries Proceedings Act 2002 (Qld) was dismissed. Furthermore, in this instance, the plaintiff claimed an award...
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