Case summaries Archive - Travis Schultz & Partners

At TSP, our lawyers summarise all relevant Queensland cases (plus a selection of relevant interstate cases) as they are handed down and then share them internally for training and professional development.

We decided that in the spirit of cooperation and working together, we would share these on our website so that the wider profession is able to use them as well.

You can register to view summaries here (or click on the case you would like to read, and you will then be prompted to register):

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Carey-Schofield v Hays & Civeo [2024] QSC 60

Keywords: Assessment of damages in tort, duty of care, GENERALLY, how should the damages be apportioned…

Paetzold v At Beach Court Holiday Villas Pty Ltd [2024] QDC 35

Keywords: causation, defect, Economic Loss, Employer Liability, illegal receipt of Centrelink benefits, negligence

Patchett v Nichols and Nichols [2024] QDC 45

Keywords: admissibility, Assault, battery, evidence, Hearsay, Interference with the person, Joint wrongdoers, Liability-only trial, Multiple wrongdoers,…

Allianz Australia Insurance Limited v Eden [2024] QCA 49

Keywords: appeal, contributory negligence, negligence, pedestrian injury, Transport Operations (Road Use Management – Road Rules) Regulation…

Jackson v Furner [2024] NSWCA 66

Keywords: admission that driveway had recently been painted, negligence, slip and fall during an open house…

Peak v WorkCover Queensland [2024] QCA 38

Keywords: interpretation, whether the notice of non-compliance issued by the respondent, workers’ compensation

Health Care Corporation t/as Wollongong Private Hospital v Cleary [2024] NSWCA57

Keywords: assessment of damages, causation, foreseeability of risk, negligence, Negligence – personal injury – patient conveyed…

Lee v The Council of the City of Sydney [2024] NSWDC 69

Keywords: negligence, Protection for road authorities, s 45 Civil Liability Act, s 45A Special Statutory Power,…

Youssef v Graham Raymond Eckersley & Allianz Australia Insurance Limited [2024] QSC 35

Keywords: Assessment of damages in tort, Damages, income loss and loss of earning capacity, personal injury

Davie v Manuel [2024] WASCA 21

Keywords: factual causation, negligence, procedural fairness, whether error in law failing to comply with rule in…

State of New South Wales v Madden [2024] NSWCA 40

Keywords: award of damages including compensation for custody that was not a natural and probable consequence…

29 February 2024

Palmer v. State of New South Wales [2024] NSWSC 179

Keywords: battery, Damages, default judgment, historical child sexual assault, Trespass

29 February 2024

Islam v Linfox Pty Ltd & anor [2024] NSWCA 39

Keywords: causation, challenges to factual findings, claim for work injury damages for back condition, Costs, negligence,…

29 February 2024

Johnston & Ors v Carroll (Commissioner of the Queensland Police Service) & Anor; Witthahn & Ors v Wakefield (Chief Executive of Hospital and Health Services and Director General of Queensland Health); Sutton & Ors v Carroll (Commissioner of the Queensland Police Service) [2024] QSC 2

Keywords: COVID-19, declarations, human rights., Judicial Review, mandatory vaccination, unlawful or invalid directions

27 February 2024

Doerr v Gardiner [No 2] [2024] QCA 21

Keywords: civil proceedings in state and territory courts, Costs, indemnity costs, Procedure

23 February 2024

Davis v Amaca Pty Ltd [2024] NSWDDT 2

Keywords: assessment of need for care in the future, common law of Australia, Damages, different assessments…

22 February 2024