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Personal Injuries – Public Liability
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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Baioumy v Wendt [2017] QDC 55 Morzone QC DCJ In facts that were unusual, to say the least, the plaintiff alleged suffering personal injuries and being falsely imprisoned on a fishing vessel at sea for several days. The plaintiff alleged he was detained on the vessel as part of a plan to enable a child...
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Day v Woolworths Ltd & Ors [2016] QCA 337 Further to the earlier post, the applicant, Day sought leave to appeal. The applicant was successful in relation to being released from the undertaking previously given but otherwise failed. The reasoning of Jackson J (McMurdo P and Philippides JA agreeing) changes the previous approach under the Personal...
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Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21 HEADNOTE [This headnote is not to be read as part of the judgment] The appellant, Glenn Wright, claimed damages for psychological injury as a result of an attempt by a co-worker, Nathaniel George, to murder him by attempting to...
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Lennon v Gympie Motel (BN 3451616) [2016] QSC 315 Flanagan J Pursuant to rule 483 of the Uniform Civil Procedure Rules (Qld) liability was determined separately to damages. The plaintiff was rendered a tetraplegic when as a child aged 12 years and 9 months of age, she dived into a pool at a motel in...
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Further to the earlier post regarding the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 and the proposed demise of the Byrne decision, it remains law, clause 5 of the Bill defeated. David Cormack – Brisbane Barrister & Mediator
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Valentine v D & C Masters Painters & Decorators Pty Ltd [2016] QDC 203  Robertson DCJ The plaintiff was a painter working as an employee of the first defendant, Masters. In 2012 the plaintiff suffered personal injury as a result of slipping on a door mat as he was exiting the premises at which he was...
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The National Injury Insurance Scheme (Queensland) Bill 2016, was assented to on the 14 June 2016. The bill was constructed as follows: Chapters 2 – 10, Part 1 enacts National Injury Insurance Scheme (Queensland) Act 2016 Chapter 10, Part 2, Division 1 amends Civil Liability Act 2003 Chapter 10, Part 2, Division 2 amends Motor...
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Chandler v Silwood [2016] QSC 90 Blood and horror overtook Clive Silwood’s Clontarf home in the minutes that followed the calamity at his front door. His visitor’s forearm had been sliced open as it smashed through a glass door panel trying to break her fall on his slippery steps. Silwood aided her to the living room couch as...
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