Category: Tort Law
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In Burton v Davies [1953] QSR 26, the defendant’s actions of driving at high speed preventing the plaintiff from leaving the vehicle, constituted false imprisonment—as the plaintiff had no reasonable means of escape.
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In Queensland v Masson [2020] HCA 28, the High Court considered whether the State was liable in negligence for its paramedic’s omission to promptly administer Adrenaline to Masson, who sustained severe brain damage after an asthma attack.
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The tort of private nuisance is defined by the High Court in Hargrave v Goldman, per Windeyer J at 60, as ‘an unlawful interference with a person’s use or enjoyment of land or some right over, or in connexion, with it.’
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In CCIG Investments Pty Ltd v Schokman [2023] HCA 21, the High Court unanimously held that the employer was not vicariously liable for its employee’s drunken behaviour as it was not within the “course or scope of employment”.
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In this failure to warn case, Wallace v Kam (2013) 250 CLR 375, the High Court unanimously dismissed the appeal holding that Dr Kam was not liable for Wallace’s neurapraxia, as Wallace would have proceeded with surgery regardless of being warned about the specific risk.
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In Hegarty v Queensland Ambulance Service [2007] QCA 366, a paramedic developed psychiatric injuries after exposure to numerous traumatic events at work. The Court of Appeal allowed the State’s appeal, dismissing the employee’s actions, concluding it was difficult for supervisors to recognise his psychological distress despite training.
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In Amaca Pty Ltd v Ellis [2010] HCA 5, the High Court determined that asbestos exposure was not a probable cause of a long-term smoker’s lung cancer—it was incorrect of the trial judge to assess causation by reference to the cumulative asbestos exposure over successive employment periods.
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In Amstad v Brisbane City Council (No 1) [1968] Qd R 344, a council employee entered the premises of the plaintiff, contrary to the council ordinances. It was held that entry upon the land could not be justified by any implied license.
