Insurer Says: Get Your Medical Report First

A key battleground in the progress of a personal injury claim is for both sides to get their medical expert reports arranged.  As the picture heading cheekily hints, sadly, there is not much love in this battleground, as so much of the claim depends on the opinions of...

Host Employer | An Employer Duty of Care?

Love v North Goonyella Coal Mines Pty Ltd [2017] QSC140 FACTS Mr. Love (the Plaintiff) was an employee for Wilson Mining Services who had hired their labour out to North Goonyella Coal Mines (the Defendant). Wilson Mining were not the only contractors at the site....

Peter Matus – Compensation Claims Specialist

Peter Matus is Special Counsel with the team of compensation experts at Lee Lawyers. With over 20 years’ experience in the legal industry, Peter is dedicated to guiding clients through an extremely difficult period in their lives, and ensuring their rights are...

The Types of Appeal

  One of the more convoluted aspects of legal proceedings concerns the hierarchy of appeals that can exist from different bodies, and on different grounds. The reason for, and type of appeal has a significant bearing on the ultimate outcome of a case. In 1984, Justice...

Winding up a Solvent Company

ALLWAYS RESOURCES HOLDINGS PTY LTD v SAMGRIS [2017] QSC 74 FACTS Samgris was registered in 2010 by Dr Wanfu Huang, who was its sole director. Its purpose was to conduct coal exploration in Queensland. It had an association with two entities owned by the People’s...

Time Extension Application | Compensation Claim

OLDFIELD V MARIO VERROCCHI & EAST YARRA FRIENDLY SOCIETY PTY LTD t/a CHEMIST WAREHOUSE [2017] QSC 84 FACTS The applicant sought an extension of time in which to take action against her former employer, Chemist Warehouse. She alleged that she developed Adjustment...

Injured Whilst on Illegal Enterprise

CAPTAIN V WOSOMO & ANOR [2017] QSC 86 FACTS The Plaintiff and several friends decided to steal a car in the early hours of 8 February 2013. The Plaintiff Captain was 14 years old at the time, the Defendant was 16. Whilst joyriding in the vehicle, it crashed into a...

Where Domiciled for Succession Purposes?

Re The Public Trustee Of Queensland (as Administrator of the Estate of KH, deceased) [2017] QSC 48 KH was 63 when he died in Kochi City, Japan in 2010. His immediate family had all died in, or before 2010. His closest living relative was a maternal cousin living in...

No Loss of Future Earning Capacity

Farnham V Pruden [2016] QCA 18 FACTS Farnham sustained injuries when the first respondent’s care collided with her own. She was awarded $47,389.75 plus costs. She instructed her solicitors to pursue an appeal. They mistakenly filed a notice of appeal rather than an...

Judgment is Final (Or is it?)

LPD HOLDINGS (AUST) PTY LTD v RUSSELS (A FIRM) [2017] QSC 45 FACTS LPD Holdings made an application for assessment of legal costs invoiced for the May 2010- May 2014 period. Russells had obtained a default judgment (the default judgment) in respect of unpaid legal...

Trespass to Neighbour | Boat Moorings

Emprja Pty Ltd v Red Engine Group Pty Ltd [2017] QSC 33 FACTS The Applicant leased a marina at Airlie Beach from the State of Queensland. Some of the berths at the Marina were available for sublease. The respondent leased one of the berths (029). Under the terms of...

Swift Water Runoff | Nuisance to Neighbour

Michael Vincent Baker Superannuation Fund Pty Ltd v Aurizon Operations Ltd [2017] QSC 26 FACTS The Plaintiff owned land which it claims was subject to the continued discharge of water by the Defendants. In 1885 a railway line was built by the Commissioner for Railways...

Development Application | Outdoor Adventures

Tambourine Mountain Progress Association Inc v Scenic Rim Regional Council [2017] QPEC 19 FACTS The Scenic Rim Regional Council (the respondent) approved an application for material changes to a development at 98-196 Guanaba Road, Tambourine Mountain. The development...

Heritage Listing

The Corporation of the Sisters of Mercy of the Diocese of Townsville v Queensland Heritage Council (No 2) [2017] QPEC 14 FACTS In the 1880s, the St Patrick’s Convent was erected on what is now The Strand, in Townsville. It is now part of the St Patrick’s School site....

Extending Limitation Date

Andersen v Gofish Pty Ltd [2017] QSC 30 FACTS The Plaintiff lost his right arm and leg when a concrete bridge parapet fell on him at a construction site. He had been stowing chains used to secure the concrete structures to his transport truck, when a crew started...

Valuing a Collection

Kloprogge v Queensland University of Technology [2017] QDC 43 FACTS The Plaintiff had been a collector of minerals and rocks since his childhood in the Netherlands. Over the years, he had amassed an enormous collection, including certain special collections of Topaz,...

Compliance with PIPA Procedure

Baioumy v Wendt [2017] QDC 55 FACTS Mr Baioumy was an Egyptian national. In 2008-9 he had a child with an Australian woman. They latter separated and he returned to Egypt. In 2013, his estranged wife and daughter travelled to Egypt. He refused to allow his daughter to...

Handling Personal Information

RM v Queensland Police Service [2017] QCAT 71 FACTS RM was a police officer with the Queensland Police Service (QPS). After his [Police] partner was killed on duty, RM suffered a deterioration in his mental and emotional well-being. He asked for non-operational...

Self-Incrimination Protection | Coronial Inquest

Wright v The State Coroner [2016] QSC 305 FACTS In November of 1982, Anthony John Jones disappeared whilst travelling from Townsville to Mt Isa. His remains were never found. More than 30 years later a further coronial inquest commenced. Among those called to give...

Family Provision Application | Late Claim

Mortimer v Lusink & Ors [2017] QCA 1 FACTS Loma Green was the estranged mother of Ms Mortimer. She died on 2 July 2015. Green left Mortimer $20,000 stating that she felt Ms Mortimer to be of adequate financial means, and that Ms Mortimer’s Father – Dr Theodore...

Making a Will | Legal Capacity

Farrell v Boston [2016] QSC 278 FACTS Erris Farrell died in October of 2015. She had made at least two wills in her life; one in 1984, and another in 2007. There was a third purported will, dated 2013. Following her death, Warren Boston – the executor of her estate...

Defendant Medico-Legal Examinations | How Many?

Behrens v Nguyen & Anor [2017] QSC 14 FACTS Mr Behrens was a German national, currently resident in Germany. In May of 2012, whilst in Australia, he sustained severe injuries due to a motor-vehicle accident. As a result of the accident he suffered a fractured C5...

Blood and Urine Tests | Assault on Worker?

Pere v Central Queensland Hospital and Health Service [2017] QDC 2 FACTS On 2 August 2012, James Pere was working as a fire safety officer at Gladstone Hospital. Other hospital staff were concerned he was intoxicated. He was asked to attend to the emergency department...

Work Injury | Not “Far Fetched or Fanciful”

Thomas v Trades & Labour Hire Pty Ltd [2016] QCA 332 FACTS The appellant sought to appeal a decision dismissing his claim for personal injury brought against his employer and the Gold Coast City Council, involving a workplace accident where the tailgate of the...

Another Woolies Worker Injured

Perkins v Woolworths Pty Ltd [2017] QDC 1 FACTS The plaintiff has endured a lumbar disc protrusion which he attributes to awkward loading dock work during his employment with the defendant. The defendant (Woolworths) employed the plaintiff (Perkins) as a grocery/back...

Concrete Truck Operator | Workplace Injury

Clayton v Jetcrete Oz Pty Ltd [2017] QDC 3 FACTS The plaintiff (Clayton) claims she suffered back injury by overexerting herself whilst pushing concrete down the chute of a concrete agitator truck. She was employed by the defendant (Jetcrete), as a concrete agitator...

View | Obscured by Trees

Storer v Kinnaird [2017] NSWLEC 1012 FACTS The applicant purchased a property in Bonny Hills, near Port Macquarie, in 2005. He submits that at time of purchase, the house had ‘uninterrupted’ views from living areas of the dwelling of Lighthouse Beach. He contested...

Death at Workplace Compensation Claim

Richards v Union Steel and Richardson [1994] QCA 078 FACTS The plaintiff was widow of Gary Richards, crushed to death under a forklift which he was operating at work on 4 September 1987. She brought action in negligence. Before the hearing, quantum of damages was...

Building Subsidence | Civil Liability

Geoffrey and Christine Hanson v Tamworth Regional Council [2012] NSWDC 26 FACTS The plaintiffs purchased a property, 38 Yarmouth Parade, Tamworth, in August 1976. In 1979, Mr Hanson observed features indicating settlement in the foundations of the western wall of the...