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Cyclist suffers brain injury after driver negligence

Cyclist suffers brain injury after driver negligence 900 577 aelegal

CLEARY -v- THE INSURANCE COMMISSION OF WESTERN AUSTRALIA [2019] The plaintiff sought damages for personal injuries suffered on 27 April 2012, when a motor vehicle struck his bicycle from behind whilst he was stationary at traffic lights. The plaintiff commenced proceedings against the Insurance Commission of Western Australia (ICWA), the statutory body tasked to manage…

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Criminal injuries compensation awarded on appeal

Criminal injuries compensation awarded on appeal 900 577 aelegal

NUROVIC -v- NUROVIC [2019] WADC 28 On 1 April 2014 the appellant pleaded guilty to unlawfully assaulting the respondent on 27 December 2013 and thereby doing her bodily harm in circumstances of aggravation. The respondent subsequently lodged a claim for criminal compensation pursuant to the Criminal Injuries Compensation Act 2013 (WA) (the Act) and on…

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Eight Surgeries and Still in Pain

Eight Surgeries and Still in Pain 960 577 aelegal

ESPINOS -v- JANE ELIZABETH POPOVIC as Executor and Holder of a Grant of Probate of the Estate of the Late EMIL POPOVIC [2018] WADC 94 The plaintiff, Barry John Espinos (Mr Espinos), first saw the late Dr Popovic, a neurosurgeon, in October 2010. At that point, Mr Espinos was aged 55, and was engaged in…

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Hardware store not liable for injuries sustained by patron during robbery

Hardware store not liable for injuries sustained by patron during robbery 960 577 aelegal

(CHIN -v- DAYMASTER PTY LTD [2018] WADC 80) On Tuesday, 28 December 2010, shortly after closing time at the Home Hardware & Plumbing store (store), the plaintiff (Ms Chin), was assaulted in an attempted armed robbery of by three men, including the second defendant (Mr Hall). The store was owned and operated by the first…

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Worker not entitled to vehicle running expenses and accommodation

Worker not entitled to vehicle running expenses and accommodation 960 577 aelegal

(BRIGGS -v- WACHS – PILBARA (HEDLAND HEALTH CAMPUS) [2018] WADC 73) The Hedland Health Campus employed Mr David Briggs (Mr Briggs) as a Registered Nurse. In March 2016, Mr Briggs was assaulted at work as a result of which he suffered an injury to his left shoulder. The employer accepted liability. In February 2017 Mr…

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Late application for Criminal Injuries Compensation allowed by Appeal Court

Late application for Criminal Injuries Compensation allowed by Appeal Court 960 577 aelegal

(CME [2018] WADC 69) On 4 April 2017 the appellant, CME, applied pursuant to s 17 of the Criminal Injuries Compensation Act 2003 (WA) (the Act) for criminal injuries compensation in respect of injuries she sustained in an alleged assault occurring on 4 July 2015. CME alleges that she was walking across an oval in…

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Victim of a violent assault prevails with further compensation on appeal.

Victim of a violent assault prevails with further compensation on appeal. 960 577 aelegal

ROBERTSON V HOPWOOD [2018] WADC 66 It is uncontentious that on the day of the incident, the respondent (Mr Hopwood) was at the Inglewood Hotel watching a rugby match from about 6.00 pm and that the appellant (Mr Robertson) was also there. It is also uncontentious that the Mr Hopwood had known the offender for…

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Duty of care after explosion

Duty of care after explosion 960 577 aelegal

BAKER -v- LOCK [2018] WADC 48 The plaintiff, Mr Jesse Baker (Mr Baker) visited Mr Robert Lock (Robert) at his residence (premises) to discuss and pay for repairs that Robert had agreed to make to Mr Baker’s motorcycle. Whilst the two men and another man, were seated in a rear shed at the premises, Robert…

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After Dark Stroll Turns Deadly

After Dark Stroll Turns Deadly 960 577 aelegal

ROWE -v- ROSE [2018] WADC 38 At approximately 10.00 pm on 20 May 2013, the Defendant drove her motor vehicle from her home and turned into Preston Point Road, Bicton, driving in an easterly direction. Her motor vehicle struck Mr Prime on the roadway as he was walking his dog. There were no eyewitnesses. Mr…

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A Horrible Act Sees Compensation Awarded to Victim

A Horrible Act Sees Compensation Awarded to Victim 960 577 aelegal

RE HCM [2018] WADC 20 HCM was born on 2 May 1983 in Vienna, Austria. She is now 34 years old. She was born to SH and a man whose name is not known. He played no part in her life. Not long after the birth SH emigrated to Australia with HCM and settled in…

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