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Claim that the defendant had failed to deliver up a chattel causing loss and damage by depriving the plaintiff of its use; trial judge found plaintiff was entitled to its return and that the defendant was entitled to be paid for the chattel's repairs, but rejected the lien claimed over it: O'Sullivan DCJ.
Primary Judgment
[2007] QDC 156
07 Jun 2007
Reasons following submissions as to the form of orders arising from findings in 27 April 2007 judgment; defendant pay half of the plaintiff's costs: O'Sullivan DCJ
QCA Interlocutory Judgment
[2007] QCA 292
07 Sep 2007
Application to adjourn the hearing of the appeal granted: McMurdo P.
Appeal Determined (QCA)
[2007] QCA 455
21 Dec 2007
Appeal allowed; application for leave to cross-appeal granted and cross-appeal allowed; upon the plaintiff paying to the defendant the sum of $3,593.15, the defendant shall, at the defendant's premises, deliver up to the plaintiff the chattel; parties on appeal agreed to amendments to orders in this form; otherwise no error in findings of primary judge: McMurdo P, Keane JA and Daubney J.
Appeal Determined (QCA)
[2008] QCA 11
08 Feb 2008
Costs; plaintiff pay defendant's costs of the appeal and cross-appeal on the indemnity basis; plaintiff failed to accept an earlier compromise offered by the defendant which would have given the plaintiff a better result than the appeal: McMurdo P, Keane JA and Daubney J.
Appeal Status
Appeal Determined (QCA)
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