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24 05, 2017

Campbell v AAI Limited t/as GIO [2017] NSWSC 560

May 24th, 2017|

On 18 September 2011, Mr Grahame Campbell (the plaintiff) was involved in a motor vehicle accident as a passenger in a vehicle driven by a colleague from the Marine Rescue. The plaintiff commenced a claim against the defendant’s CTP Insurer, GIO pursuant to the Motor Accidents Compensation Act 1999 (NSW). Mr Campbell alleged that he was entitled to compensation for, inter alia, non-economic loss damages (also known as pain and suffering). In order to be eligible for non-economic loss damages under New South Wales legislation, a claimant’s degree of permanent impairment as a result of the injury caused by the motor accident must be greater than 10% (Section 131 of the Motor Accidents Compensation Act 1999 (NSW).
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18 01, 2017

Harrington Estates (NSW) Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369

January 18th, 2017|

Mr Turner (the plaintiff) attended the wedding of his daughter at the Harrington Grove Country Club. Later in the night the plaintiff carried the remainder of the wedding cake to the boot of his car, located in the Club car park. At the rear of the parking bay was a concrete kerb immediately followed by a garden bed. After closing the boot of his car the plaintiff stepped back into the garden bed, causing him to fall and suffer serious injuries. The plaintiff brought a claim against the Club and the architect, Hassell Ltd, which had been retained to provide architectural and landscape design services at the site.
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17 10, 2016

Gulic v Boral Transport Ltd [2016] NSWCA 269

October 17th, 2016|

Mr Gulic (the plaintiff) was injured whilst working as a driver of a prime mover on behalf of Boral Transport Pty Ltd (Boral), supplying bricks and pavers to building sites throughout New South Wales. The plaintiff was employed as a driver of the prime mover owned by GMG Transport Pty Ltd (GMG), of which he as the sole director and shareholder, and was contracted by Boral for the provision of these cartage services.
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26 09, 2016

Aldi Foods Pty Ltd v Young [2016] NSWCA 109

September 26th, 2016|

On 22 July 2009 Ms Susan Young, a 52 year old woman, was shopping at an Aldi Supermarket in New South Wales. An employee of Aldi, Mr Tidmarsh, was unpacking and restocking strawberries from a ‘pallet jack’ trolley. The pallet jack was placed in a cross-aisle, which was blocking access to another aisle. Ms Young attempted to go around the pallet jack and stumbled forward and fell. She injured her back, shoulder and right knee.
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1 07, 2016

QBE Insurance (Australia) Ltd v Mordue [2015] NSWCA 380

July 1st, 2016|

Mr Mordue was involved in a motor vehicle accident on 1 December 2012 whilst a passenger in a motor vehicle participating in a motor rally event in a national forest near Taree. He sustained a significant injury to his neck. There was major dispute with the insurer related to admissions of liability and indemnity.
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13 05, 2016

Australian Competition and Consumer Commission v Valve Corporation (No 3) [2016] FCA 196

May 13th, 2016|

Valve Corporation is a company based in the State of Washington in the United States of America, that sells online computer games globally, including to consumers in Australia. It had a no refund policy which was contained in contractual documents and confirmed by online chat representatives. Certain Australian consumers were unsatisfied by the quality of the online games that they had purchased and sought refunds. These refunds were declined by Valve in accordance with their no refund policy. Australian consumers therefore complained to the Australian Competition and Consumer Commission (ACCC).
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4 05, 2016

Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 381

May 4th, 2016|

On 24 October 2005, the Plaintiff’s father, Mr Samaan purchased a KFC ‘Twister’ wrap at its Villawood Store. Ms Monika Samaan (the Plaintiff) was just seven years old when she consumed the Twister wrap and subsequently became dangerously ill, contracting Salmonella Encephalopathy (“Salmonella Poisoning”).
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24 03, 2016

Strong v Woolworths [2011] HCA 5

March 24th, 2016|

On 7 March 2012, the High Court of Australia handed down a historic decision in favour of Ms Kathryn Strong in her claim for damages against Woolworths after a slip and fall accident. This case provides some insight and interesting new challenges to those pursuing compensation claim against an occupier, as our Vladana Vracar explains.
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29 05, 2015

Roads and Maritime Services v Grant [2015] NSWCA 138

May 29th, 2015|

TORTS – negligence – breach of duty of care – respondent suffered catastrophic injuries when he crashed his motorcycle on a median strip – whether the installation of a “Keep Left” sign at the recommencement of a median strip after an intersection was required by the relevant Australian Standard – whether the appellant’s failure to install such a sign was a breach of its duty of care to road users such as the respondent motorcyclist.
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21 05, 2015

Casey v Pel-Air Aviation Pty Ltd [2015] NSWSC 566

May 21st, 2015|

The Plaintiff, Ms Karen Casey, was a nurse onboard a care flight, repatriating a seriously ill patient from Samoa to Melbourne. The aircraft was operated by the Defendant, Pel-Air Aviation Pty Ltd.The plane was due to refuel at Norfolk Island but was unable to land due to bad weather. After four aborted landings, the plane crashed into the sea after running out of fuel.Remarkably everyone on board the flight survived the crash and was rescued. The Plaintiff sustained serious injuries, including damage to 7 teeth, neural irritation, disc bulges at C3/C4 and C4/5, injury to the facet joint at C2/3, injury to the right knee, major depressive disorder, anxiety disorder, chronic pain, complex regional pain syndrome, and Post Traumatic Stress Disorder (PTSD).
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