Case notes by topic
The law and the courts
Case notes on how claims are run and decided: damages, time limits, court procedure and the legal profession.
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Picture hiddenDamagesAt-fault accident yields DIY claimant just $8k for ‘exacerbation’
In McMillan v Trad, the Supreme Court of Queensland considered how a plaintiff can prove a later car crash caused compensable harm distinct from longstanding chronic pain.
Picture hiddenDamagesCourt awards $160k to resilient worker for loss of the chance to excel
A court has awarded $160k for the additional income a determined young man might have achieved but for ongoing back pain caused by an at-fault driver.
Picture hiddenDamagesRises in living standards & costs spark big general damages uplift
A judge has ruled that increases in living standards and rising living costs warrant a big general damages uplift when assessed at common law. The events giving rise to the ruling began half a century ago.
Picture hiddenDamagesMedical victim wins $5 mil cost of care for his remaining years
Michael Stewart presented to the Redcliffe Hospital Emergency Department in March 2016 complaining of abdominal pain.
Picture hiddenDefective productsJury delivers Roundup a $3 billion product liability verdict
Jurors in the United States handed down a USD$2 billion product liability verdict in March after finding the company that produces Roundup weed killer responsible for a cancer developed by John Barnes of Georgia.
Picture hiddenDefective productsTrampoline manufacturer escapes defective product payout
The protagonist in this account jumped on to a trampoline - which he later contended to be a defective product - at his sister’s residence in Brisbane on on Christmas Day 2017.
Picture hiddenDamagesPedestrian hit on sidewalk damned again by injury exaggeration
A pedestrian hit by car on a Broadbeach sidewalk after a violent two car collision and then had a wall that the car also hit fall on top of her, has been ordered to pay a substantial part of the legal costs of the at-fault…
- Damages
Safety measures messages mixed: thumb injury costs firm $727k
The idiosyncrasies of the concrete industry have been laid bare in the case of a truck driver who sustained an on-the-job thumb injury when manipulating defective equipment in the course of delivering wet product to a…
Picture hiddenDamagesLaparoscopic error: trivial damages for gruesome surgical outcome
The horrifying consequences of a laparoscopic error causing a puncture to a female patient's colon have been recounted in detail to a court only to yield trivial general damages.
Picture hiddenDamagesAppeal court cans “she’ll be right” verdict; future economic loss upped x 3
A ruling that a seriously injured not-at-fault driver was capable of a return to work following a road accident trial has been rejected on appeal as having been unsupported even on the evidence of the most optimistic medical…
Picture hiddenCivil procedureRuby Princess zombie cruise: consumer access to class actions under serious attack
North American guests aboard the Covid infected Ruby Princess zombie cruise have suffered a setback in their efforts to recover compensation from the cruise line for their devastating experience.
Picture hiddenLegal professionInsurer fails in bid to move $800k partygoer burn injury claim out of C.Q.
The Court of Appeal has refused to interfere with the exercise of discretion by the Central Judge in Rockhampton as to the suitability of his court to determine a claim concerning an injury sustained near Toowoomba.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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