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ARTICLE · 05 MAY 2013

Personal injuries case update: evidence

Cooper Grace Ward
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This decision highlights the burden to produce evidence to support every head of damage in a personal injuries claim.

AustraliaLitigation, Mediation & Arbitration
Tony Park
Tony Park
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Land v Dhaliwal and Anor [2012] QSC 360

This Supreme Court of Queensland decision highlights the importance of the plaintiff's burden to produce evidence supporting every head of damage in a claim for personal injuries.

The plaintiff cyclist suffered injuries to his lower back and left knee when he was hit by the defendant taxi driver. Liability was admitted but quantum remained in dispute.

Economic loss

The plaintiff had worked as a fitter and turner, and had owned and worked in several bicycle shops. His varied work history made past and future economic loss the most complicated and contentious heads of damage. The varying approaches to dealing with this complex question put forward by the plaintiff and defendant were compared.

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