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Judgment for plaintiff in sum of $233,000; defendant was obliged to exercise his own professional judgment and could not rely solely on having obtained Counsel's advice as a defence; case should be decided on basis of admission in defence : Fryberg J
QCA Interlocutory Judgment
[2008] QCA 302
30 Sep 2008
The usual rule that costs should follow the event should not apply; no order of costs for proceedings at first instance; costs of appeal allowed; grant to the plaintiff of a certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld): plaintiff pay costs of inclusion of unnecessary material in appeal book on an indemnity basis: McMurdo P, Keane JA and Mackenzie AJA
Appeal Determined (QCA)
[2008] QCA 218 [2009] 2 Qd R 18
01 Aug 2008
Appeal allowed; Court should give effect to the true position established by the evidence, where that evidence was contested, despite admission in pleadings: McMurdo P, Keane JA and Mackenzie AJA.
Special Leave Refused (HCA)
[2009] HCATrans 14
13 Feb 2009
French CJ and Hayne J.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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