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Lawes v Nominal Defendant[2007] QCA 367

Reported at [2008] 1 Qd R 369

Lawes v Nominal Defendant[2007] QCA 367

Reported at [2008] 1 Qd R 369
CITATION: Lawes v Nominal Defendant [2007] QCA 367
JUDGE(S): Jerrard JA, Muir JA, Jones J
DELIVERED ON: 26 October 2007
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Editorial Notes

  • Published Case Name:

    Lawes v Nominal Defendant

  • Shortened Case Name:

    Lawes v Nominal Defendant

  • Reported Citation:

    [2008] 1 Qd R 369

  • MNC:

    [2007] QCA 367

  • Court:

    QCA

  • Judge(s):

    Jerrard JA, Muir JA, Jones J

  • Date:

    26 Oct 2007

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 92 (2007) 48 MVR 12524 Apr 2007Trial of claim for personal injury arising from motor vehicle accident by colliding with horse on freeway; sufficient evidence to establish a prima facie case that the plaintiff’s injuries were caused by an unidentified motor vehicle; judgment for the plaintiff against the nominal defendant: Byrne J.
Primary Judgment[2007] QSC 10303 May 2007Application for costs following trial judgment; application for indemnity costs refused: Byrne J.
Appeal Determined (QCA)[2007] QCA 367 [2008] 1 Qd R 369; (2007) 49 MVR 7426 Oct 2007Appeal dismissed with costs; motorcycle collided with a horse laying on road as a result of a collision with an unidentified vehicle; s. 5(1)(b) Motor Accident Insurance Act did not require that a wrongful act or omission relate directly to one or more of the matters referred to in s. 5(1)(a), but only that there be a discernible and rational link between the basis of legal liability and the motor vehicle concerned: Jerrard and Muir JJA and Jones J.
Appeal Determined (QCA)[2007] QCA 43707 Dec 2007Application for indemnity costs following appeal judgment; offer to settle not attractive; application dismissed: Jerrard and Muir JJA and Jones J.
Special Leave Refused (HCA)[2008] HCATrans 12407 Mar 2008Special leave refused: Kirby and Crennan JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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