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Appeals
I refer to my earlier post, and by way of an update note, the High Court granted special leave for the employer to appeal on 16 September 2022. Extract from the application for special leave to appeal: EDELMAN J:   So, there had to be a tort that was found by the employee and it was...
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Mulivai v Utaileio & Anor [2022] QCA 173 Bond JA delivered the judgment of the Court of Appeal (Dalton and Flanagan JJA agreed). The issue involved mutually exclusive factual alternatives pleaded in an amended joint defence by the insurer, the second defendant on behalf of the driver (the first defendant), under the Motor Accident Insurance...
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Schokman v CCIG Investments Pty Ltd [2022] QCA 38 I refer to my earlier post and the trial decision by Crow J to dismiss the plaintiff’s claim. I refer you to the summary of the facts and that Crow J found the appellant’s co-worker’s actions were not committed in the course of his employment and hence,...
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R v Lavin [2019] QCA 109 McMurdo JA and Mullins and Davis J FACTS On 6 February 2019, the Appellant, an officer of Multi-Run Roofing Pty Ltd (the company) was found guilty of failing to exercise due diligence duties to ensure that the company, complied with a primary duty of care provisions under the Work...
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Inghams Enterprises Pty Ltd v Kim Yen Tat [2018] QCA 182 Bond J with Gotterson and Morrison JJA agreeing The plaintiff was successful before the trial judge in her claim for sustaining a psychiatric injury after being accosted in a car park by a former employee late at night, after finishing her shift. The car...
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A Top Class Turf Pty Ltd v Parfitt [2018] QCA 127 Gotterson, Morrison JJA, Brown J On 2 June 2017, the District Court made orders granting leave to the respondent to proceed under s 298 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (the Act), notwithstanding non-compliance with s 275 of the Act.  The applicant...
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Workers’ Compensation Regulator v Pryszlak [2018] QCA 157 Further to the earlier post and the decision of McMeekin J in Pryszlak v Workers’ Compensation Regulator [2017] QSC 286 the question of “special circumstances” in s.542(3) of the Workers’ Compensation and Rehabilitation Act 2003 (the Act) was appealed. Sofronoff P delivered the judgment. Fraser and Philippides JJA concurred....
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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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Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22 (13 June 2018) I refer you to the judgment summary and the uncontentious facts. Mr Latz contracted mesothelioma and claimed the loss of his pension ($5,106.00 per annum) and superannuation ($51,162.00 per annum) for the ‘lost years’ – a period of 16...
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Romano v Brisbane City Football Club & Anor [2018] QDC 67 The appellant, Romano sought leave to appeal to the District Court following the refusal of Magistrate Shearer refused to grant leave pursuant to s 43(1) of the Personal Injuries Proceedings Act 2002 (Qld). The basis for the denial by Magistrate Shearer was that the...
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