The law and the courts
Litigation & law practicePage 19
Case notes on running a claim through the courts, from evidence to costs.
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- Litigation & law practice
Expert roll call for airport cycle smash
A self-employed cyclist sustained serious injuries when he crashed into the back of a taxi that suddenly pulled in front of him and stopped, on Airport Drive in Brisbane in July 2007.
- Litigation & law practice
Messy claim unearths gems for future air passenger injury arguments
The District Court last week ruled that Queensland's Personal Injuries Proceedings Act pre-court requirements do not apply to international air carriage claims because the relevant federal legislation "otherwise provides…a…
- Litigation & law practice
Concrete truck for sure, but which one at fault in slurry spill?
The only description of a vehicle at fault for a motorcyclist brought down as he rounded a bend to join the Pacific Highway at Coomera was that is was a big cement truck.
- Litigation & law practice
‘Gun’ tiler outnumbered, jail time too high an obstacle to win
The criminal record of a tradesman injured at the "Promenade" construction site in Robina Town Centre in May 2009, sealed the fate of his $350k back injury compensation claim made against conflicting evidence of how it occurred.
- Litigation & law practice
Wharfie put to ‘back-breaking’ work, employer not liable for back break
The dockworkers at Brisbane’s Cairncross slipway were under some pressure to complete routine hull maintenance, during the Sun-Princess’ two-day docking there in August 2009 in preparation for its next Pacific Ocean cruise.
- Litigation & law practice
Lockhart families win catch value: damages capped by out-of-date limits
A final chapter in the resolution of the May 2005 Lockhart River air disaster unfolded in the Supreme Court in October when five Cape York families were awarded dependency damages against the insurer of the now-defunct airline.
- Litigation & law practice
Trucker beats suspicion in Nerang crash injury win
The insurer for an unidentified utility, unexpectedly stopped in the “slip lane”of the M1 Nerang-Broadbeach Rd exit, will pay $112k in injury compensation damages for a swerve-to-avoid accident in which a semi-trailer collided…
- Litigation & law practice
Hailers at peril with traffic stopping moves
An inebriated football fan - who baulked at paying the cover charge for entry to an Underwood nightclub - has won $70,000 in damages for injuries received when struck by a maxi-cab he had attempted to stop outside the venue in…
- Litigation & law practice
Crown puts down ‘unconvincing’ employee in factory floor rumble
An Acacia Ridge manufacturer who argued its employee's shop floor fall was fictional, has defeated a $160k damages claim for the hip injury said to have happened as a result.
- Litigation & law practice
Living green: homeowners’ hazard prevention does not require pruning overgrown habitat
A kindly aunt - battered and bruised after she lost her footing on paved suburban garden steps - has failed in her injury compensation bid after a court decided “doing nothing” may sometimes be a reasonable response to a…
- Litigation & law practice
Suspicion of undeclared work no bar to $400k win for long suffering kiwi
Prior medical conditions and an arrest history were only some of the blots on a past that Keith Kilner needed to overcome to establish credibility in his motor accident damages ask before Brisbane's district court last month.
- Litigation & law practice
Serial claimant’s ‘mildly mental’ plea to stop compensation clock
A 30-year-old welder injured by a toppling crane in 2004, pleaded mental incapacity as the excuse for a delay until 2010 to commence his compensation lawsuit, contending that the 3 year limitation time clock must be stopped for…
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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