Case summaries Archive - Page 2 of 44 - 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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Sawyer v. Steeplechase Pty Ltd [2024] QSC 142

Keywords: civil liability legislation, Damage and causation, negligence, scope of duty and subsequent breach, standard of…

Fuller v Australian Capital Territory [2024] ACTCA 19

Keywords: administration of spinal anaesthetic, appeal, broken needle, caesarean, medical negligence, necessary care and skill, vicarious…

Melissa Reis v Emil Gayed [2024] NSWDC 269

Keywords: Alternate claim under Common Law based on operation of s 3B of Civil Liability Act,…

Emde v State of New South Wales [2024] NSWDC 268

Keywords: Assault, battery, Defences, false imprisonment, Suspicion on reasonable grounds, torts, Trespass to the person, Whether…

Akgun v Stockland Property Management Pty Ltd & Anor [2024] NSWDC 253

Keywords: ameliorating risk, causation, contributory negligence, Damages, obvious risk, reasonable precautions, risk of harm, slip and…

Hornsby Shire Council v Salman [2024] NSWCA 155

Keywords: breach, foreseeability of risk, formulation of risk, negligence, obvious risk, where council did not take…

Forostenko v Springfree Trampoline Australia Pty Ltd (No. 2) [2024] QSC 126

Keywords: Costs, Costs follow the event, General Rule, Offers to settle, Procedure

Wood v Safe Places Community Services Ltd [2024] QDC 92

Keywords: extension or postponement of limitation periods, Knowledge of Material Facts of a Decisive Character, Limitation…

WorkCover Queensland v Perkins (District Court of Queensland, Jarro J, 11 June 2024)

Keywords: Compliance, compulsory conference, Liability Response, statutory interpretation, Workers’ Compensation and Rehabilitation Act

Al Haje v Elassaad [2024] NSWSC 689

Keywords: aggravated and exemplary damages, common law damages, intent to cause injury - self defence, intentional…

Watt v Redman [2024] NSWSC 638

Keywords: aggravated and exemplary damages, battery, sexual assault, torts, Trespass to the person

BYM v. Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane (No 2) [2024] QSC 106

Keywords: allegations of child sexual abuse on school grounds, negligence, non-delegable duty, torts, vicarious liability, where…

Forostenko v Springfree Trampoline Australia Pty Ltd [2024] QSC 1

Keywords: causation, Consumer Law, liability, quantum, S138 of the Australian Consumer Law, safety defect

Comensoli & Trustees of the Christian Brothers v WQA (a pseudonym) [2024] VSCA 104

Keywords: “preclusion period”, cardinal principle that injured person cannot recover more than has been lost, Damages,…

Karzi v Toll Pty Ltd [2024] NSWCA 120

Keywords: causation, duty of care, foreseeability, negligence, risk of psychiatric harm to employee, where employee did…