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Thuong v Liu & Anor [2017] QDC 196 is a recent Queensland District court decision where liability had been established and the calculation of damages for past economic loss and future earning capacity was in dispute. The incident Mr Thuong (“the plaintiff”) was driving his vehicle on Padstow Road, Eight Mile Plains when his vehicle […]
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McCormack v Ethnic Community Care Links Inc [2017] QDC 102 is a Queensland District court decision involving the award of compensation following an injury occurring in the workplace. The plaintiff was successful in establishing that her injuries were caused by the negligence of the defendant organization. The incident The plaintiff, a social worker employed by […]
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The recent Supreme Court decision of Bakhit v Brisbane City Council [2017] QDC 155 highlights the issue of consistency when determining liability owed by an employer. Facts The plaintiff alleged that he sustained injuries to his lower spine whilst employed by Brisbane City Council on 13 July 2011. The plaintiff submitted that his lower back […]
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Sabidussi v Young & Anor [2017] QDC 146 is a recent Queensland District Court decision that examines the considerations in play when economic loss cannot be definitively identified. The incident Ms Sabidussi (“the plaintiff”), was a front seat passenger in a vehicle driven by friend Ms Raines driving north along David Low Way when the […]
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The recent Supreme Court decision of Capitan v Wosomo & Anor [2017] QSC 86 highlights important principals relating to assessing liability in relation to dangerous recreational activities involving criminal undertakings. Facts The plaintiff and the defendant were both involved in a car crash that permanently debilitated the defendant whom was a front seat passenger […]
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To prove your injury was caused by negligence, a strong link between the injury and the occupiers negligence is needed. McAllister v Brisbane City Council [2017] QDC 94 is a recent Queensland District Court decision relating to compensation following an incident at the Forest Lake Parklands. The plaintiff in this case failed to prove that […]
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In the matter of AAI Limited & Anor v Marinkovic the appeal court decided that even where a claimant’s previous tax returns were fraudulent or dishonest, this does not prevent the court from determining the claimant’s loss of earning capacity using other evidence at hand, for the purposes of awarding appropriate compensation. Facts Mr Marinkovic […]
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Case Note – Lee v Lee & Ors [2017] QSC 42 In the case of Lee v Lee & Ors [2017] QSC 42, the Court had to resolve a factual dispute regarding who was driving the vehicle at the time a motor vehicle accident occurred. The plaintiff in the matter had suffered catastrophic spinal injuries […]
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Last week the District Court of Queensland in Brisbane handed down a decision in Whitley v Aldi Stores [2017] QDC 50 which concerned a checkout worker who allegedly suffered a left wrist ganglion injury whilst scanning a 4kg bag of dog food. The Facts On Easter Saturday 2013, Mrs Nicola Whitley was working at a […]
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If you have suffered a psychiatric injury as a result of a traumatic incident that happened in the workplace, what your employer did to prevent this type of incident, and what they did following the incident, will all be relevant in determining their liability for your injury. If you feel your employer handled your situation […]
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