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Case study
Employer not negligent in crane road accident
Millard v RI-CO (2004) Pty Limited (In liquidation) [2014] QSC 15 April 2014. An employer was found not to be negligent in its duty of care after a worker was injured driving a crane on a public road without permission.
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Case study
Evidence does not support damages claim
Lewis v Greenmountain Food Processing Pty Ltd 6 June 2014 A Brisbane judge rules against labourer’s claims for damages for personal injuries suffered in the course of his employment at a meat processing plant due to conflicting evidence.
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Case study
Credibility of witness statements
Tep v ATS Australasian Technical Services Pty Ltd [2012] QSC, 7 September 2012. This case was decided on credibility where his honour preferred the evidence of the defendant’s witnesses to that of the workers as to how the event occurred.
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Case study
Evidence and symptoms must support damages claim
Bawden v Proserprine Cooperative Sugar Milling Association Ltd 9 April 2015 [QDC 205]. This case highlights that in the case of a psychiatric injury, that evidence and symptoms must support the damages claim.
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Case study
Damages awarded for physical and psychological injury
Harris v State of Queensland [2014] QDC 35 28 February 2014. Liability was admitted by the employer, but a psychiatric injury, which arose after the physical workplace injury, led to the trial to judge the amount of damages.
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Case study
Liability admitted but future economic loss disputed
Haden v Smith's Snackfood Company Ltd [2013] QMC 1 11 February 2013. The plaintiff won in the Magistrates Court, but the decision was successfully appealed due to an incorrect calculation of damages.