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Accident Injury
Compensation
Lawyers Canberra

Recent Cases

The following page lists some of the recent court cases won by GMP Accident Injust Compensation Lawyers in the ACT.

Caroline Becker –v- Queensland Investment Corporation and Bovis Lend Lease Pty Limited

Personal Injury Claim involving a Public Liability incident that occurred on or about October, 2002.

The Plaintiff was injured when a petition along side the corridor she was using to walk into the Canberra centre collapsed injuring her and she sued for injuries.  Ultimately, the Judge hearing the matter in the ACT allocated a total sum of $382,000.00 broken down as follows:-

a.         General damages (pain and suffering)      $70,000.00
b.         Interest on general damages for past       $  7,350.00
c.         Treatment expenses – past treatment      $  3,560.00
d.         Treatment expenses – Future                  $27,400.00
e.         Loss of earning capacity – past wages     $73,000.00
f.          Interest on past wage loss                      $23,000.00
g.         Future wage loss                                   $37,000.00
h.         Gratuitous services i.e homecare - past   $91,000.00
i.          Interest on past provision                        $28,500.00
j.          Future provision of homecare service        $27,000.00
total                                                                $382,000.00

Additional to this amount would be legal costs.

This is a very good overview of how a Judge can award damages in Public Liability matters, further details of the case can be found in the Supreme Court of the Australian Capital Territory case number 560 of 2005.  This matter was ultimately heard before the court and Judgement given on the 12th October, 2009.

NO CONTRIBUTORY NEGLIGENCE - DRIVER'S DUTY OF CARE

Fleming v Shoobridge (2009) 53 MVR 138 (ACT SC Harper M)

In Fleming, the plaintiff was standing at the passenger's side of a car talking to the driver, with his left hand through the front passenger door handle. The plaintiff moved back from the car as the driver drove off but his left hand had not been removed from the door handle and he was dragged a short distance, suffering injury. Master Harper held that the driver was in breach of her duty of care to the plaintiff, who was not guilty of contributory negligence.

See the full judgment here.

ACT COURT OF APPEAL CONFIRMS MASTER'S EXTENSION OF TIME

On 10 July 2009, Justice Buchanan had overturned the Master's decision granting Mr Laws an extension of time in which to commence a common law personal injury claim against his former employer. Justice Buchanan considered that the Master had applied the wrong test and had not properly considered the onus borne by Mr Laws to establish that it was just and reasonable to extend the time.

Justice Buchan's judgment, Web Scaffolding Pty Ltd v Laws, can be found here.