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Searching Content indexed under Trials & Appeals & Compensation by Kott Gunning ordered by Published Date Descending.
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1
Hold on! Do not enforce the judgment! I have lodged an appeal!
Appealing a judgment is not itself a sufficient reason for the court to suspend enforcement of a judgment.
Australia
3 Apr 2018
2
Appeals from Workcover WA to District Court of WA – What is a question of law?
To appeal to the District Court, the threshold question for such an appeal is if the appeal involves a question of law.
Australia
1 Mar 2018
3
Assessing damages for injuries sustained as a 7-year old, 14 years later
Liability for the accident had been admitted by the Defendant so the judgment only dealt with the assessment of damages.
Australia
21 Dec 2017
4
Supreme Court of South Australia increases exemplary damages award.
SA Supreme Court increases exemplary damages to James Hardie victim who contracted terminal mesothelioma.
Australia
29 Nov 2017
5
WA workers compensation - connection between reasonable treatment and a compensable injury
Before considering reasonable treatment, establish that treatment is for a compensable injury, or a direct result of it.
Australia
3 Nov 2017
6
Sour grapes: Supermarket liability in causal act of negligence
Where there is a risk of slips, trips and falls, this case shows that reasonable precautions are the key, not perfection.
Australia
3 Sep 2017
7
Driving into danger: breach of duty of care
if you are providing recreational activities with associated risks, carefully consider a contractual disclaimer as well.
Australia
1 Aug 2017
8
WA Court of Appeal dismisses appeal by freeway truck driver
His claim was dismissed when he failed to prove that the unidentified driver of the small car had caused the accident.
Australia
1 Aug 2017
9
A long saga ends with dismissal of appeal in relation to claimed psychiatric injury
This case was useful to illustrate assessment of the operative factors in an action for damages for psychiatric injury.
Australia
1 Aug 2017
10
What is the meaning of 'Error of Law' and 'A question of law is involved' in a workers' compensation context?
His Honour undertook an exhaustive examination of the Dispute Resolution System and the roles and powers of Arbitrators.
Australia
3 Mar 2017
11
Interpretation of delay and material prejudice in the WA CTP scheme
The decision also provides an example of how credibility issues can adversely impact on a plaintiff's claim for damages.
Australia
3 Mar 2017
12
Anshun Estoppel – the risks of waiting, 25 years on
An Anshun estoppel can prevent a party from making claims which should have been pursued in earlier proceedings.
Australia
5 Jul 2016
13
A timely reminder about time – the consequences of missing a common law limitation date in the WA workers compensation and common law scheme
The workers' compensation advisor failed to ensure that the plaintiff's common law action was commenced in time.
Australia
6 Apr 2016
14
Specific Performance or Rectification - equitable remedies for breach of contract
Rectification and Specific Performance are both equitable remedies inherited from the English legal jurisdiction.
Australia
26 Nov 2015
15
Conflict and bias in dog attack case
The delegate should not have been able to act as a prosecutor and as a decision-maker on the same, or related, matter.
Australia
15 Nov 2015
16
I won the case, now pay my costs!
Costs generally follow the event, so a losing party pays a winning party's costs, but the judge can use his discretion.
Australia
29 May 2015
17
Damages awarded for revenge porn - privacy or confidential information?
In the absence of a right to sue for invasion of privacy, the case relied on the protection of confidential information.
Australia
2 Feb 2015
18
The 5Z CLA protection for a WA local government, as a road authority
A local government may rely upon section 5Z of the CLA 2002 as long as it has no actual knowledge of the particular risk.
Australia
9 Oct 2014
19
$7.4m and 27 hours of care per day - award for an injured employee
The Supreme Court of Tasmania has awarded a 70 year old man, who was rendered a quadriplegic, $7.4m.
Australia
24 Sep 2013
20
The Cost of a Cup of Coffee: compensation for burns
The facts, issues, needs and competing interests are all considered to reach a fair, balanced and accountable outcome.
Australia
4 May 2013
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