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Applicant claimed damages in negligence against two companies responsible for the construction of a house; where floor level of house too low resulting in flooding; respondents each ordered to pay applicant $10,000 in damages
Primary Judgment
[2004] QCCTB 132
17 Aug 2004
Regarding issue of costs, whether grounds to depart from position in section 70 of the Commercial and Consumer Tribunal Act 2003 (Qld) that parties bear their own costs; parties ordered to bear their own costs
Primary Judgment
[2004] QDC 427
22 Oct 2004
Each party applied for leave to appeal; whether Tribunal erred in [2004] QCCTB 111 by finding respondents liable; whether Tribunal erred in [2004] QCCTB 132 by not awarding costs; applicant's application granted, [2004] QCCTB 132 set aside and respondents ordered to pay applicants' costs assessed on the District Court scale: McGill SC DCJ
Appeal Determined (QCA)
[2005] QCA 111 [2005] 2 Qd R 101
15 Apr 2005
Respondents applied for extension of time within which to seek leave to appeal against [2004] QDC 427; whether District Court erred in construction of ss 70 and 71 of the Commercial and Consumer Tribunal Act 2003 (Qld); extension of time granted, leave to appeal granted, appeal dismissed and respondents ordered to pay applicant's costs: Williams and Keane JJA and Philippides J
Appeal Status
Appeal Determined (QCA)
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