Ellis v Uniting Church in Australia Property Trust (Q)
[2008] QSC 74
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Ellis v Uniting Church in Australia Property Trust (Q) [2008] QSC 74
JUDGE(S):
Skoien AJ
DELIVERED ON:
17 April 2008
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Editorial Notes
Published Case Name:
Ellis v Uniting Church in Australia Property Trust (Q)
Shortened Case Name:
Ellis v Uniting Church in Australia Property Trust (Q)
MNC:
[2008] QSC 74
Court:
QSC
Judge(s):
Skoien AJ
Date:
17 Apr 2008
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2008] QSC 74
17 Apr 2008
Cause of injury not breach of duty by defendant, but carelessness of plaintiff; judgment for defendant: Skoien AJ
QCA Interlocutory Judgment
[2008] QCA 238
15 Aug 2008
Defendant's delay in applying is a significant factor militating against ordering security; to refuse order for security would leave with the plaintiff power to frustrate attempts to recover any costs if appeal fails; Appellant provide security for respondent's costs of the appeal in amount of $10,000: Holmes and Fraser JJA and Dutney J
Appeal Determined (QCA)
[2008] QCA 388
04 Dec 2008
Scope of respondent's duty was not that of the occupier of commercial premises to members of the public: McMurdo P; trial judge did not err in finding the magnitude of risk and degree of probability of an accident was so slight that reasonableness did not require any corrective action on behalf of the respondent; appeal dismissed: McMurdo P, Fraser JA and Mackenzie AJA
Appeal Status
Appeal Determined (QCA)
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