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Stephens & Anor v Paradise Ultrasound Specialists Pty Ltd [2019] QSC 134 Crow J Mr and Mrs Stephens, the applicants, sought an extension of time under s.31 of the Limitations of Actions Act 1974 (“the Act”) to commence court proceedings for an action for wrongful birth and personal injuries consequent to wrongful birth after their...
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Garside v Rohan & Ors [2018] QSC 295 Judgement delivered 11 December 2018, Brisbane, by Davis J. Facts On 25 November 2014, the Plaintiff was travelling North from Emerald to Capella along the Gregory Highway on his motorcycle. The Plaintiff was travelling behind an Emerald bus, which was a few car lengths behind a green truck. 10km...
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Guest v Boyne Smelters Ltd & Anor [2017] QSC 250 McMeekin J The applicant sustained elbow injuries over a period of time from March 2013 to the start of October 2013 while working for the first respondent. The applicant was assessed with a 2% impairment for her injury under the Workers’ Compensation and Rehabilitation Act...
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Mott v Philip & Ors; Prosser v Philip & Ors [2017] QSC 212 McMeekin J The trial before his Honour involved two proceedings heard together arising from a motor vehicle incident which occurred in November 2012. The plaintiff in one proceeding, the front seat passenger of a motor vehicle driven by the first defendant, claimed...
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Allianz Australia Insurance Limited v Mashaghati [2017] QCA 127 The President of the Court of Appeal (with whom McMurdo JA and Applegarth J agreed) had no hesitation in ordering a new trial for an ambush stunt conducted during the trial of a personal injury claim. The claim involved the assessment of damages and in particular...
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Insurance House of Australia Pty Ltd v Dalton [2017] QDC 106 Kent QC DCJ The defendants brought an application for summary judgement for the plaintiff’s claim for a debt against the deceased estate. Relevantly, plaintiff did not issue proceedings until November 2016, more than nine years after the debt arose. The amounts allegedly owed to...
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Comcare v Martin [2016] HCA 43 I refer you to the judgment summary which states the facts. The High Court allowed the appeal and dismissed the interpretation of the statutory words “as a result of” in the context of ss 5A, 5B of the Safety, Rehabilitation and Compensation Act 1988 as requiring the application of the “common sense” approach...
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Kennedy v Queensland Alumina Limited [2015] QSC 317 The defendant admitted liability, but claimed contributory negligence pursuant to s 305H of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and disputed the damages claimed. The plaintiff was injured when caustic soda flowed out of a pipe he was working on and came into contact with his left heel...
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Woolworths Limited v Perrins [2015] QCA 207 The appeal flowed from the unreported judgment of now retired judge Botting. I refer to my earlier post regarding the trial and first instance decision. His Honour McMeekin J delivered the leading judgment with whom Fraser and Gotterson JJA agreed with. The judgment comprehensively deals all the elements...
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Reitano v Shearer [2014] QCA 336 Holmes JA delivered the judgment with whom Fraser JA and Philipides J concurred. Liability was not in issue for the motor vehicle incident. The Appellant/Plaintiff was 17 years of age at the time and sustained a prolapse at her T10-11 in the context of advanced pre-existing degeneration in her...
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