Case notes by topic
delay
Case notes tagged “delay”.
Newest first
- Litigation & law practice
Insurer defeated on jailbird’s injury claim strike-out due to own delay
A CTP insurer’s failure to “put its own house in order” in readying a case for trial has put paid to a bid to strike out for delay, an injury compensation claim by the victim of a vehicle assault that occurred in Mackay in…
- Legal profession
Does death become her? Solicitor wins on two week will delay
How urgently should a solicitor treat instructions for a new will from a frail but healthy and alert 94-yr-old, living independently with the assistance of a carer?
- Litigation & law practice
Solicitor advice dooms wrist injury limitation extension?
Wendy Grey sought legal advice in July 2011 for a possible common-law damages claim for cumulative workplace injuries that began as early as 2006 when she took up a housekeeping position at the Outrigger Resort, Hervey Bay.
- Litigation & law practice
Patron falls flat on buffet claim
A restaurant patron injured when his chair collapsed mid-meal in January 2009, was last week stripped of the right to sue Toowoomba’s legendary Weis restaurant over an out-of-time lawsuit.
- 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…
- Litigation & law practice
Suncorp smashed on time barrier in motorway flying debris suit
As Vanessa Morris was calmly driving along the Logan motorway, building materials and engine parts began raining on her car, as if from nowhere. She lost control and careered her car into the concrete motorway barriers.
- Litigation & law practice
Worker absolved of sins of delay, lives to fight another day
A seriously injured truck driver "of limited education" has won the right to pursue motor accident compensation damages after a last gasp limitation extension hearing to rectify his lawyers' jurisdiction selection decision.
- Legal profession
Paint tinter’s limitation loss shines light on rights information censorship
The recent Supreme Court failure of a worker's limitation extension application has highlighted once again how the statutory censorship regime that applies in Queensland to lawyer statements about personal injury claims, can…
- Legal profession
“Fobbed off” swim student overcomes solicitor’s neglect to scrape home on leave to proceed win
Despite no satisfactory explanation for a 3 year delay, a 26 yr old plaintiff was this month allowed to proceed with a negligent "schoolyard supervision" claim against the Kedron high school he attended in 2000.
- Litigation & law practice
Delinquent plaintiff punished: "off with his head!"
A “draconian” guillotine order that has the effect of automatically dismissing a motor accident injury compensation claim - should the plaintiff fail to observe the court’s requirements - was made last month in the District Court.
- Litigation & law practice
Third-in-line lawyer fails to take step: adult sexual abuse claim struck out
The plaintiff claimed her massage therapist had misrepresented his qualifications as to “counselling”, had inappropriately advised her on personal relationships and engaged in sexual behaviour & massage during a period from 1995…
- Legal profession
Suncorp triumphant in limitation brawl with naïve 16 yr old – what did she know?
Elizabeth Hargans was in year 11 at Somerville House school when she was injured in June 2004 when her then-boyfriend drove into parked cars on a bottle shop run from a Graceville party they were attending.
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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