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Court Reports

Perez v Northern Territory Department of Correctional Services [2016] FCA 476

March 8th, 2019|

Employer Performance Reviews & Performance Management On the issue of employee performance reviews and performance management, employers may be able to take comfort from the decision in Perez v Northern Territory Department of Correctional Services

Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the late Ryan Messenger the Late Ryan Messenger [2018] NSWCA 178.

December 7th, 2018|

The NSW Court of Appeal has found that there is no entitlement to permanent impairment compensation under section 66 of the Workers Compensation Act 1987 (NSW) (the Act) where a workplace injury is so serious that death ‘inevitably’ follows.

Melanie Sills v State of New South Wales [2018] NSWDC 119

July 12th, 2018|

The Plaintiff was a former police officer employed by the NSW Police Force (NSWPF). She alleges that in her service she was exposed to numerous traumatic incidents, and as a result she brings a claim for damages for psychological and/ or psychiatric injury she suffered between May 2003 and 7 June 2012.

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).

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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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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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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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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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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