Archive Monthly Archives: July 2016

Is a cyclist colliding with a closed boom gate an obvious risk thus not compensable?

By Tina Ibraheem In Simmons v Rockdale City Council the Defendant (Rockdale City Council) argued that an injured cyclist should not be awarded compensation because the accident was caused by him not keeping a proper look out, and the accident was the result of an ‘obvious risk’ of the dangerous recreational activity of cycling. BACKGROUND In this case, […]

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Who do you sue when you have no one to sue?

By Tina Ibraheem In Drzyzaga v Nominal Defendant [2012] QDC 323, the Plaintiff was injured after he was forced to swerve in order to avoid a vehicle which had inappropriately pulled up in front of him causing him to run on to a nearby traffic island. The vehicle that inappropriately pulled up in front of him immediately left […]

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