Case Notes: McGrory v Medina Property Inc Services Pty Limited

By | December 12th, 2016|BTLawyers, Case Studies, News|

By Clint Kanther, Senior Associate McGrory v Medina Property Inc Services involved a hospitality worker lifting an ice bin.  Both liability and quantum were disputed, with the plaintiff seeking damages in excess of $285,000 for injuries that she allegedly sustained to her shoulders. Employer’s responsibility for mitigating risk Despite inconsistencies with the plaintiff's reporting as [...]

Criminal conduct of Employees: what Prince Alfred College Incorporated v ADC tells employers about vicarious liability

By | October 10th, 2016|Case Studies, News, Other|

The High Court's recent view on vicarious liability of employers for the criminal conduct of employees will be of interest to employers in the education sector, boarding schools and similar institutions. The case involved a Plaintiff who was sexually abused by a housemaster employed by the Prince Alfred College in South Australia in 1962 when he [...]

Court of Appeal overturns Cocaine Smuggler’s Award for Slip and Fall in Prison

By | June 16th, 2016|Case Studies|

Readers of our June Newsletter were surprised at a District Court decision which awarded a prisoner over $80,000 for slipping on a “quite inconspicuous” quantity of water. The finding that a prison had a duty to periodically inspect a prisoner’s kitchen for a hazard which the Court found to be so difficult to see, almost [...]

Denying Damages for Drunkedness

By | June 16th, 2016|Case Studies|

It is no mystery that drinking to excess - intoxication - results in behaviour or actions that one would not ordinarily engage in whilst sober. However, when injury arises out of such circumstances, where do we draw the line between culpability and personal accountability? Kelly v Trentham Holdings P/L & Ors [2012] QDC 141  Facts [...]