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Personal Injuries – Motor Vehicle
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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Bosk v Burgess & Anor [2021] QSC 338 The plaintiff was significantly injured walking on a footpath when a motor vehicle lost control on a roundabout and drove into him. The most serious injury was to his left leg, resulting in a below-knee amputation. At the time of the injury, the plaintiff was holidaying in Australia. The plaintiff was...
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Bona v Jeffries [2021] QSC 84 The Plaintiff tendered a Request for Trial Date (RFTD) which the Defendants refused to sign. The Plaintiff filed an application to dispense with the RFTD and the Defendants filed a cross-application for the Plaintiff to submit to an examination of an occupational therapist pursuant to ss 46A  and 50...
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Caffrey v AAI Limited [2019] QSC 7 Flanagan J Facts The Plaintiff began his policing career in the United Kingdom, in approximately 1984, as a reservist for the Royal Military Police. He then joined the West Mercia Constabulary in 1995 before migrating with his wife and two children to Australia in 2005. At that time, he joined the...
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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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Zavodny v Couper & QBE [2018] QSC 238 The plaintiff who was injured in a traffic collision brought an application under rule 223 of the Uniform Civil Procedure Rules (UCPR) shortly before the trial, seeking disclosure of documents, including surveillance, as referred in the insurer’s updated list of documents, but for which privilege was claimed....
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RACQ Insurance Limited v Foster [2018] QCA 252 Further to my earlier post the Court of Appeal reviewed the authorities of Newberry v Suncorp Metway Insurance Ltd [2006] 1 Qd R 519; King v Parsons [2006] 2 Qd R 122 and Farnham v Pruden [2017] 1 Qd R 128 when considering the interaction of section...
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Rook v Crofts & Anor [2018] QDC 184 The plaintiff’s claim arose out of a motor vehicle collision when the plaintiff’s vehicle was struck from behind. Accordingly, the trial concerned the quantum of the plaintiff’s damages only. The plaintiff’s injuries were to his cervical and thoracic spine, together with a psychiatric condition. The physical injuries...
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Brown v Daniels & Anor [2018] QSC 209 The plaintiff claimed for personal injuries sustained when his motorcycle collided with the rear of a horse float towed by the first defendant when the first defendant turned into the path of the plaintiff. The compulsory insurer (second defendant) alleged the plaintiff was travelling too fast to...
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Berwick v Clark & Anor [2018] QSC 116 Applegarth  In August 2012 the plaintiff suffered catastrophic injuries including a severe head injury resulting in permanent disability, when his vehicle, a Mazda 6, collided with the first defendant’s vehicle, a Mazda 2, crossing the plaintiff’s lane. The plaintiff could not give evidence because of the cognitive...
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