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Tort
Sherman v Condon [2014] QDC 189   Long SC DCJ   [21] Before concluding, another issue should be noted. In this matter and after the hearing of the application and without seeking or being granted any leave to do so, counsel for the applicants forwarded written supplementary submissions to Court[30].   [22] Whilst Practice Direction...
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Burford v RSL (Queensland) War Veterans’ Homes Limited [2014] QDC 203   The evidence of Doctors Williams and McPhee were preferred to Dr Pentis in dismissing an over period of time back injury claim, in the absence of a traumatic event or identifiable activity. Clare SC DCJ   Breach of duty [11] It was the...
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ECS Group (Australia) Pty Ltd v Hobby [2014] NSWCA 193   Before Gleeson JA at [1]; Sackville AJA at [2]; McDougall J at [75]  Decision 1. Appeal allowed in part. 2. Cross-appeal dismissed. 3. Set aside Order 1 made by Mahony SC DCJ on 1 May 2013. 4. The parties file within seven days an...
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Johnston v Stock [2014] NSWCA 147   Before Meagher JA at [1]; Barrett JA at [10]; Ward JA at [41] Decision 1. Appeal allowed. 2. Set aside the judgment and orders of the District Court dated 15 August 2012 and in lieu thereof order as follows: (a) Judgment for the defendant. (b) Order that the...
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By Robert Sheldon Waco Kwikform Ltd v Perigo and Workers Compensation Nominal Insurer [2014] NSWCA 140 Catchwords TORTS – negligence claims by employee of independent sub-contractor against his employer and principal sub-contractor – employee injured whilst dismantling birdcage scaffolding – scope of duty of care of principal sub-contractor where had assumed responsibility to devise and supervise...
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Mules v Ferguson & Anor [2014] QSC 51   In 2008 when the plaintiff fell ill she was 43 years of age. The plaintiff developed the rare cryptococcal meningitis infection, which progressed with catastrophic consequences. Had the plaintiff been successful at trial, Henry J would have awarded $6,727,776.04 in damages, including the maximum ISV of...
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Takla v Nasr [2013] NSWCA 435   Before McColl JA at [1], Basten JA at [98], Hoeben JA at [105]  Decision Appeal dismissed with costs. Catchwords TORTS – professional negligence – where appellant retained respondent solicitor on purchase of townhouse – where appellant paid 80 per cent of purchase price as deposit – where vendor...
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State of New South Wales v Beck; Commissioner of Police v Beck [2013] NSWCA 437   Before Beazley P at [1] Barrett JA at [8] Ward JA at [9] Decision In CA 2013/043889: 1. Appeal allowed. 2. Set aside orders made by Adams J. 3. The matter be remitted to the Common Law Division for...
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Cross v Moreton Bay Regional Council [2013] QSC 215   A council roadsign checker who sustained a disc injury in early 2006 as he slipped from a truck step while descending and fell to the road below, is the beneficiary of a $642,000 judgement delivered this month by the Brisbane Supreme Court.   Read more....
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Dungan v Chan [2013] NSWCA 182   Before Ward JA at [1]; Emmett JA at [2]; Gleeson JA at [25] Decision (1) Appeal dismissed.(2) Appellant pay the respondent’s costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when...
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