South Australian Court of Appeal sets new high water mark for exemplary/punitive damages in asbestos cases.

By | February 13th, 2018|Black Lung and Dust Diseases, Case Studies, News, Workers Compensation & Insurance|

By Tristan Higham Amaca v Latz [2017] SASCFC 145 Background The plaintiff was diagnosed with terminal mesothelioma in October 2016. He alleged he contracted the disease as a result of his exposure to products manufactured by James Hardie and Coy Pty Ltd (“James Hardie”), between 1976 and 1977 when he constructed a fence on his [...]

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 and vicarious liability

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

What Prince Alfred College Incorporated v ADC tells employers about vicarious liability. 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 [...]

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 [...]