Case notes by topic
damagesPage 6
Case notes tagged “damages”.
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- Legal profession
State defeated on workers’ claims: just how unsafe are Southbank slabs?
Workers have succeeded twice in two weeks against operators of Brisbane's state-owned Southbank complex, defeating arguments that their only rights lay in workers' compensation.
- Litigation & law practice
Miner extracts $860k from Rio Tinto: Lawn-mowing plays part in ankle injury damages
The Supreme Court last week ordered* a Rio Tinto company to pay a 50-year-old dragline operator $864,686.58 damages as compensation for injuries sustained at its Hail Creek Mine, 90 km south-west of Mackay.
- Litigation & law practice
Limitation bar set high…and plaintiffs must carry defendants’ baggage with them
The Court of Appeal reminded plaintiffs on Friday* that the bar to be cleared for an extension of time beyond a limitation period is high and that in each attempt, they bear an additional degree of difficulty by being required to…
- Litigation & law practice
‘Unjust’ law side-stepped: WorkCover sure to prevail on parliament to fix
The court of appeal has given workers – and parliament - the benefit of the doubt in construing statutory provisions designed to restrict payouts for loss of services to injured workers.
- Litigation & law practice
Council denies liability for bus driver bashed while guarding its cash
A 42-year-old bus driver attacked by an unknown assailant with a piece of timber at 7 p.m.
- Litigation & law practice
Lockhart crash settlement one of final chapters in tragedy
This week saw the resolution of another passenger claim arising out of the May 2005 Transair Metroliner crash in which 15 occupants were killed when it smashed into mountains on approach to Lockhart River airstrip in far North…
- Litigation & law practice
Solicitor hoisted on own petard: oily rag strategy no excuse after 4.5 year lapse
No step taken in his client's contract claim for more than four and a half years proved fatal in an application made by a Toowoomba solicitor for leave to proceed under UCPR rule 389. Proceedings commenced in November 2005.
- 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.
- Legal profession
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…
- Legal profession
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?
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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