Allen v Chadwick [2014] SASCFC 100Recently, the Full Court of the South Australian Supreme Court considered contributory negligence in circumstances where the Plaintiff failed to wear a seatbelt and the driver was intoxicated.The Trial Judge concluded that the defendant was negligent in the driving of a motor vehicle, causing severe personal injury to the ...

Stafford v Carrigy-Ryan & Anor [2014] ACT 27In a recent decision of the ACT Court of Appeal, the extent to which damages should be reduced due to contributory negligence was considered. The Civil Law (Wrongs) Act 2002 (ACT) ss. 95 and 96 are similar to ss.47 and 48 of the Civil Liability Act 2003 (Qld).The appellant was a passenger in a vehicle ...

Gray –v- Richards [2014] HCA 40The recent High Court decision of Gray –v- Richards has provided some certainty in a reasonably uncertain area of law. The High Court determined that the NSW Court of Appeal had erred in deciding that no allowance should be made for the cost of managing the fund management damages awarded to a Plaintiff with a traumatic ...

Lewin v. Gould [2014] QDC231In a recent Queensland District Court decision of Farr SC DCJ, a number of factual inaccuracies in the evidence of the  infant Plaintiff’s medical expert resulted in a finding that the symptoms were unrelated to the accident and a nominal award was made of $2,483.24, representing general damages, special damages and interest ...

Moshos v. French (No. 3) [2014] NSWSC 1417This recent New South Wales Supreme Court case considered whether a Calderbank offer ought to have been accepted by an unsuccessful Plaintiff and whether costs should be awarded on an indemnity basis.In a previous judgment, the Court rejected the Plaintiff’s claim that he made a binding contract with the First ...

Quine v Keerasawat [2014] WA DC150In the recent decision of the District Court of Western Australia, the Court considered damages for personal injuries where there had been an unlawful use of a motor vehicle in circumstances where the Plaintiff and Defendant were jointly engaged in criminal conduct.On 2 June 2011, the Plaintiff was a passenger in a ...

Franklin v Blick [2014] ACTSC 273On 17 June 2009, the Plaintiff was riding his bicycle in a dedicated bicycle lane while the Defendant was riding his bicycle in the same direction as the Plaintiff. They were not quite side by side with the Defendant slightly in front and to the left of the Plaintiff. At some point the bicycle driven by the Defendant hit a ...

Walker v Symonds & Anor [2014] QCA 148Holmes JA, Atkinson and Dalton JJ considered an Appeal from the District Court.The Appellant Plaintiff sought leave to appeal a judgment dismissing her claim for personal injuries caused when she came into collision with a car. The collision occurred at a roundabout controlled intersection where the Plaintiff ...

Murray v Nominal Defendant [2014] QDC 144The Plaintiff was hit from behind whilst stationary at a McDonald’s drive through. Both the Plaintiff and his wife observed the other vehicle, although failed to record the registration number. CCTV footage was not operational. An advertisement was placed in the newspaper calling for witnesses. The question before his Honour ...