Shane Doyle KC — Appellate, Professional Negligence
Justices Kiefel and Keane today refused special leave to appeal the decision of the Queensland Court of Appeal in Mules v Ferguson [2015] QCA 5. The case concerned the liability of a general practitioner for failing to refer a patient who was suffering neck stiffness to a specialist. The patient…
Decision that factual matters can found a defence to a claim by QBCC under ss71(1) and 111C of the Queensland Building and Construction Commission Act 1991 for recovery of a payment made under the statutory insurance scheme
Damian Clothier KC — Appellate, Building & Construction
The appellants were directors of a building company which was engaged to build two new residential dwellings at St Lucia for the owner in November 2006. The contract was terminated after relations between the parties soured and the dwellings were left incomplete with some work defective. The owner made a…
Court of Appeal success for Damian Clothier QC and Christopher Johnstone
Damian Clothier KC, Christopher Johnstone KC — Appellate, Commercial Equity
In Canehire Pty Ltd & Anor v Themis Holdings Pty Ltd [2014] QCA 296 the Queensland Court of Appeal dismissed an appeal by Canehire Pty Ltd (the former trustee of the Holzapfel Family Trust) and its director Philip Ham from a decision by Philippides J who found after a 10…
Masters v Cameron, the formalities of deeds, and Codelfa
Shane Doyle KC, Stewart Webster KC — Appellate, Contract, Corporations
The Supreme Court of Queensland recently delivered judgment in Gladstone Area Water Board v A J Lucas Operations Ltd [2014] QSC 311. The case involved the question of whether a binding settlement agreement was reached—to settle some $27 million of claims—following an oral discussion at a meeting between the chief…
Shane Doyle QC successful in appeal in a claim against a GP
Shane Doyle KC — Appellate, Professional Negligence
Shane Doyle QC successful in appeal in a claim against a GP by a former patient who had sued for record damages for failing to refer her to a specialist Ms Mules had consulted her GP, Dr Ferguson, with headaches, neck pain and flushes to the face. Ms Mules was…
