The law and the courts
Litigation & law practicePage 25
Case notes on running a claim through the courts, from evidence to costs.
Newest first
- Litigation & law practice
Fall down dusty stairs yields $500,000 for accident prone yacht fitter
Can occupiers escape liability for defective stairs if a plaintiff merely "loses their footing" ? How much loss of earning capacity applies to someone already significantly impaired?
- Litigation & law practice
‘Leisurely pace’ of litigation fails to sink tourist’s Whitsunday boat accident claim
The District Court in Brisbane was asked this month* to absolve a multitude of a statutory and procedural non-compliances relating to a personal injury claim for a U.K.
- Litigation & law practice
Bitter failure for insurer: Allianz doctors crushed in mill worker’s $660,000 win
CTP insurer Allianz was last week defeated on all points in its Supreme Court denial of diminished working capacity for a 22-year-old sugar mill worker, injured in a motor accident in Ingham in October 2001.
- Litigation & law practice
Hobbit laws apply but NZ removes misleading visitor website info
The NZ embassy in Canberra has now responded to demands about misleading and deceptive injury compensation statements on its website by agreeing that they be immediately removed.
- Litigation & law practice
NZ visitors cautioned over second class legal system: Kiwi embassy must alter misleading website
If you or your family are planning a trip to New Zealand, be warned that as you step off the aircraft after landing, you are entering a legal-liability free zone.
- Litigation & law practice
Court allows renewal of claim 13 years after injury: Plaintiff excused in "sorry saga" of "dilatory" solicitors
Solicitors who failed to lodge a WorkCover notice of claim for damages and apply to renew a claim until 11 years after a farm accident had injured their 21 year-old banana picker client, came under heavy criticism last month from…
- Litigation & law practice
Worst plaintiff ever? Dramatist of his own disaster in demolition of mental disorder damages
After a five-day hearing in Mackay, the Supreme Court last month handed down judgment for the plaintiff in a liability admitted motor accident claim* – where the plaintiff scored possibly the lowest ever tally on Queensland’s…
- Litigation & law practice
Can we really? Plaintiff can recover the same damages from different defendants?
A plaintiff can bring separate actions against different defendants arising out of the same incident. This can occur whether or not the causes of action are different. But how are damages assessed in each case?
- Litigation & law practice
Cycling in park: no obvious risk, plaintiff succeeds
The NSW Court of Appeal * recently addressed "obvious risk" under that state’s Civil Liability Act and came to similar conclusions to the Bardon burnout case.
- Litigation & law practice
Unregulated airline pilot training a black hole safety risk for air passengers
Outsourced jet pilot training and endorsement has been flagged as a potential black hole in the aviation safety regulation system.
- Litigation & law practice
Burnouts not Dangerous recreational activity: crash risk not obvious: Plaintiff recovers $80k
The Civil Liability Act contains complex concepts of "obvious risk", "inherent risk" and "dangerous recreational activity". Nearly 8 years on, there remains a paucity of judicial guidance.
- Litigation & law practice
No witnesses, No recollection & intoxicated: Ambulance records only evidence of causation: Plaintiff wins $200,000 for fall into drain
In an encouraging case for plaintiffs, the New South Wales Court of Appeal * has recently shown that even an absence of recollection, eye-witnesses and sobriety may still lead to substantial damages.
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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