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Allianz Australia Insurance Limited v Corowa [2016] QCA 170 Morrison JA and North and Henry JJ 21 June 2016

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 September 2009.

Brent Winner admitted intentionally driving his Holden Commodore into his victim at his grandmother’s Slade Point home, where he resided with de facto Erin Jaenke and their baby, but claimed the attack was in self-defence. Due to his “sporadic incarceration” and his failure to maintain regular solicitor contact, Isiaha Corowa’s claim stalled after he filed a District Court lawsuit in September 2012.

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Coffs Harbour City Council v McLeod [2016] NSWCA 94 Gleeson Simpson JJA Sackville AJA 03/05/2016

A local authority that received numerous complaints of water leaking over a sidewalk and causing several pedestrian falls has claimed it had no responsibility to rectify the problem more than 15 months after the first complaint.

Michael McLeod slipped and fell on a patch of water on a “slimy” concrete footpath in Harbour Drive, Coffs Harbour in an early evening Monday in August 2010. His left foot (while wearing thongs), slipped out completely bringing him down on his right leg and then forward over his foot landing on his forearm and wrist.

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Metroline West Ltd v Ajai

An employer was found to have fairly dismissed an employee for gross misconduct for taking sick leave when fit for work.

Facts

Mr Ajai (A) had been employed at Metroline West Ltd (MWL) as a bus driver for 10 years and in 2014, took sickness absence following a fall at work. The employer’s Occupational Health adviser examined the employee concluding he was not fit for work. Between March and April 2014, the employer arranged and reviewed surveillance footage of the employee when he attended the workplace for sickness absence reviews. MWL believed that A’s abilities displayed in the footage such as walking freely were inconsistent with A’s accounts of his inability to walk without pain and that he was exaggerating his condition. Following a suspension, investigation and disciplinary process, A was dismissed for gross misconduct.

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Clement V Backo & Suncorp

Facts

Mr Clement was a passenger in a motor vehicle which overturned after being driven through water on a roadway in 2004. As a consequence of injuries sustained in the accident his capacity to earn an income was affected and he was awarded $549,944.08 at trial in the Supreme Court of Queensland.

At the time of the accident Mr Clement had 600 mahogany trees on his six hectare property which he had planted over the previous 4 year period. This plantation was operated as a commercial venture and the Plaintiff’s tax returns reflected this.

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PUBLICATION: Access to witnesses and fairness to an opposing party

PUBLICATION: Access to witnesses and fairness to an opposing party

DATE: 14 August 2015

AUTHOR: Stafford Shepherd, Senior Ethics Solicitor

Queensland Law Society | Ethics Centre

CLICK HERE TO DOWNLOAD PDF

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Jetcrete Oz Pty Ltd v Conway & Anor [2015] QCA 272

Jetcrete Oz Pty Ltd v Conway & Anor [2015] QCA 272 Fraser JA and Applegarth and Henry JJ 11/12/2015

A cement-truck driver who sustained serious spinal injuries when his head struck the roof of the cab as it traversed a rocky portion of a decline at a Mt Isa mine has blamed a sub-standard driver’s seat for his injury.

Austen Conway’s case was that during his Christmas Day shift in 2010 he struck rocks on a portion of the decline and was required to apply the retard brake. As a consequence he “hit the retarder brake to 75%” after first impact with the rocks he was thrown around in his seat and into the roof.

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Pope v Simon Blackwood (Workers’ Compensation Regulator) [2015] QIRC 170 Industrial Commissioner Neate 23/09/2015

A 36-year-old cold store employee with extensive experience in the operation of Reach forklifts, in operating the forklift, the driver sits sideways to improve control getting in and out of narrow storage aisles has won a WorkCover appeal for what he described as a “nothing accident”.

Operators’ neck exposed to injury in sideways siting reach truck forklift. Peter Pope commenced work at Polar Fresh cold store in Parkinson in October 2013 through a labour hire company.

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Beynon v Manthey [2015] QDC 252 Smith DCJA 08/10/2015

Gold Coast’s millionaire host to beauties at his luxury waterfront party pad, has notched up a win over his former nanny for implying on national television he was an unfit parent.

The Mr Beynon has had words with US celebrity Dan Bilzerian who is also often pictured in the company of attractive women. Travers Beynon took defamation action against Michelle Manthey in Brisbane’s District Court over an interview she gave to A Current Affair broadcast on the 9 network in May.

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Smith v Woolworths Limited [2015]

Smith v Woolworths Limited [2015] QDC 166 Everson DCJ published 26/06/2015

A night-filler who injured his back from continuous awkward motions required of his role over the entire period of employment has succeeded in striking out a retail giant’s argument that may have sunk his claim. Woolworth’s employee Daniel Smith’s application for worker’s compensation, accepted by Woollies, referred to a discrete injury occurring at its Taigum store in March 2012.

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James v Maxwell & Anor [2015]

James v Maxwell & Anor [2015] QSC 149 (14/658) Henry J 14/04/2015

Mark James set off on his motorcycle on Sunday morning in November 2011 for Gladstone, he was planning to overnight in Gladstone before starting a workplace training course the next day for Queensland Rail staff. An experienced rider, James was going south on his bright orange KTM Tower via country roads to avoid the Bruce Highway.

Grazier Ed Maxwell began his journey to Townsville from Banana, west of Gladstone, in his Land Cruiser ute, mid-afternoon. He too was taking an inland route, which was unfamiliar to him, but unlike James who was not pressed for time, needed to keep up his pace to arrive in the northern city by the following morning.

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