A successful Application to strike out particulars and resist lifting a stay on a Notice of Non-Party Disclosure. The Plaintiff/Respondent was a contractor which seeks payment of approximately AUD 1.1 million from the Defendant/Applicant in connection with works at a subdivision development. The proceeding involves allegations about the effect of…
30-6-20 / Shane Doyle QC, Sam McCarthy — Professional Negligence
In the action, the plaintiff airport corporation sues the defendant engineer in negligence and for misleading or deceptive conduct. Both liability and quantum are in issue. The defendant applied for a separate trial of liability because of consequent potential time and cost savings, and also because the Plaintiff’s damages case…
The defendant commenced substantial renovations of a shopping centre where the plaintiffs operated a news agency as assignee of an existing lease. Prior to commencement of the works the plaintiff commenced negotiations for a new lease. The business did not succeed and was wound up. Both leases included terms implied…
Murphy Operator & Ors v Gladstone Ports Corporation (No 6) [2020] QSC 192
25-6-20 / Damian Clothier QC, Michael May — Class Actions
This was an interlocutory dispute about disclosure and about the form and quantum of security for costs to be provided in a class action (including whether security by way of a guarantee from a third party after-the-event insurer remained adequate security despite financial uncertainty arising from the Covid-19 crisis). Damian…
Allwood v Sundin, Chung, Greaves & Anor [2020] QSC 188
23-6-20 / Scott McLeod QC — Judicial Review & Administrative
Where the applicant suffered a work related psychiatric/psychological injury (the “first injury”) and later suffered a work related aggravation of a pre-existing psychiatric/psychological injury (the “second injury”). The Medical Assessment Tribunal – Psychiatric assessed the applicant’s degree of permanent impairment from the first injury at four percent, which meant that…
