Injury


Loechel v. The State of South Australia [2011] SADC 115


The claimant was a high school student who was injured when his hand was drawn into a stationary motor affixed to a go-kart frame being constructed as part of a school project. The injured claimant was awarded $30,000 for non economic loss (pain and suffering), $1,000 for past loss of earning capacity, and $25,000 for future loss of earning capacity. The school was held liable for negligence but the claim was reduced by 15% having regard to the contribution of the injured claimant to the accident and therefore he received $47,600.

Police


Savage v. Police [2011] SASC 13


A motorist applied to have demerits reduced after she had been caught looking at her mobile telephone rather than talking on it or sending text messages. Justice Nyland found that this made no difference and that mobile telephones have multiple functions and all of them give rise to a potential risk of distraction.

Wills

Paul William Brummit (Deceased) [2011] SASC 116

The deceased specified in his Will that he had not provided for his son as he believed that his former wife had extra marital affairs and that the child was not his child. The Registrar of Probates applied to have the words omitted on the basis that they were potentially offensive or libellous in nature. Justice Gray held that the deceased had the right to give reasons why he had disposed of property in a certain way and that while such wording might have been scandalous in the past it should be considered in a contemporary context. Comment: Rudall & Rudall recommend that advice be taken concerning the inclusion of any explanation in the Will for the exclusion of beneficiaries.


Lisa Karen Hall (Deceased) [2011] SASC 117


The deceased's Will could not be located and an application was made to admit a photocopy of the Will. Justice Gray was satisfied that there was a "higher degree of probability that the Will was lost, rather than destroyed by the deceased" and held that the presumption of revocation had been rebutted.