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Personal Injuries -PIPA
Martens v Stokes & Anor [2012] QCA 36 I refer to my earlier posting wherein Jones J dismissed the claim for want of complying with the Personal Injuries Proceedings Act 2002 (PIPA). Margaret Wilson AJA spoke for the Court of Appeal and dismissed that part of the appellant’s appeal which related to a claim for...
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Swindells v Hosking & Anor (No 2) [2012] QDC 17 I refer to my earlier posting concerning the trial decision. The matter returned on the question of costs and in particular the application of s.56 of the Personal Injuries Proceedings Act (“PIPA”), together with costs for self represented litigants (defendants). Dorney QC, DCJ considered s.56...
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Swindells v Hosking and Anor [2012] QDC 6 Issues: s.59 PIPA, risk of the property on sale, liability (obvious risk) and quantum Background: The limitation considerations flowed from the late commencement of proceedings and the ambiguity concerning the first s.59 of the Person Injuries Proceedings Act 2002 (“PIPA”) order extending compliance with the pre-proceedings. The...
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State of Queensland v Allen [2011] QCA 311 I refer to my earlier posting regarding Justice Applegarth’s decision. In respect of the contentious issue, Fraser and White JJA allowed the appeal, with Fryberg J dissenting. The plurality of the court found that s.4 and s.9 of the Personal Injuries Proceedings Act 2002 (Qld) (‘PIPA’) did not...
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 State of Queensland v Heraud [2011] QCA 297 I refer to my earlier posting and note the Court of Appeal has upheld the appeal of the State of Queensland. The decision helpfully examines whether government departments are separate entities capable of being sued. The finding by the court that the Department of Public Works who...
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Sopinski v Ewing [2011] QDC 212 An example of the use of s.43 Personal Injuries Proceedings Act 2002 and cost considerations.   Brisbane Barrister – David Cormack
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 Swindles v Reiter [2011] QDC 200 In an application for leave to proceed his Honour Robin QC accepted that defamatory comments which were alleged to have caused a psychiatric injury fell within the definition of personal injury (Personal Injuries Proceedings Act 2002, Schedule): “Personal injury is defined in the Act in a way that brings...
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Mulpha Hotel Pty Ltd v Goff [2011] QCA 204 Issues: appeal on the issue of prejudice to be suffered on the adding of the applicant as a party and leave to commence proceedings pursuant to s.59(2)(b) of the Personal Injuries Proceedings Act 2002 (Qld)(PIPA), in circumstance where the applicant alleged it could not now claim contribution...
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Felgate v Tucker [2011] QCA 194 Margaret McMurdo P with Fraser and White JJA concurring: the Personal Injuries Proceedings Act 2002 (Qld) (“the Act”) did not displace legal professional privilege between a client and lawyer when partial disclosure is made during a without prejudice conference. [1] MARGARET McMURDO P: The appellant, Ms Wendy Felgate, underwent...
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 Mitchell & Ors v Reedy & Anor [2011] QDC 157 Robin J QC considered whether the claimant had pleaded a “personal injury” as that term is defined in the Personal Injuries Proceedings Act 2002 (PIPA), in circumstances of an alleged assault and battery. The claimant relied on Vattiato v Lagama [1992] 1 Qd R. 234...
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