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Plaintiff landlord claimed damages in negligence against first defendant lessee for gas explosion at premises; where gas valve installed by second defendant left open by first defendant; plaintiff awarded $160,000 in damages, liability apportioned 85%/15% to first defendant and second defendant respectively, and third defendant declared liable to indemnity second defendant: Byrne J
Appeal Determined (QCA)
[2002] QCA 176 (2002) Aust Contract R 90-149; (2002) Aust Torts Reports 81-662
24 May 2002
First Defendant appealed against apportionment of liability and third defendant insurer appealed against declaration requiring indemnity under policy of insurance; first defendant's appeal dismissed and third defendant's appeal allowed: M McMurdo P, McPherson JA and Helman J
Appeal Determined (QCA)
[2002] QCA 398
01 Oct 2002
Orders made as per draft: Jerrard JA
Special Leave Granted (HCA)
[2003] HCATrans 831
25 Jun 2003
First Defendant applied for special leave to appeal; whether Court of Appeal erred in its construction of ss 6 and 7 of Law Reform Act 1995 (Qld); special leave granted: Gleeson CJ and Heydon J
Special Leave Refused (HCA)
[2003] HCATrans 839
25 Jun 2003
Second Defendant applied for special leave to appeal contending Court of Appeal erred in construction of insurance policy with third defendant; whether sufficient prospects of success; application refused: Gleeson CJ and Heydon J
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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