Queensland Judgments
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Bourk v Power Serve Pty Ltd[2008] QCA 225

Bourk v Power Serve Pty Ltd[2008] QCA 225

CITATION: Bourk v Power Serve Pty Ltd [2008] QCA 225
JUDGE(S): Keane JA, Muir JA, Fraser JA
DELIVERED ON: 08 August 2008
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Editorial Notes

  • Published Case Name:

    Bourk v Power Serve P/L & Anor

  • Shortened Case Name:

    Bourk v Power Serve Pty Ltd

  • MNC:

    [2008] QCA 225

  • Court:

    QCA

  • Judge(s):

    Keane JA, Muir JA, Fraser JA

  • Date:

    08 Aug 2008

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2008] QSC 2926 Feb 2008Trial of claim for negligence and breach of statutory duty by employer resulting in personal injury at workplace; judgment for the defendant against the plaintiff, declaring third party liable to indemnify defendant for costs incurred: Chesterman J.
Primary Judgment[2008] QSC 4205 Mar 2008Cost orders following trial judgment; plaintiff pay defendant's costs on standard basis: Chesterman J.
Appeal Determined (QCA)[2008] QCA 225 (2008) 175 IR 31008 Aug 2008Appeal allowed against [2008] QSC 29, ordering judgment for the plaintiff, directing submissions on costs; trial claim unsuccessful against employer for negligence and breach of statutory duty arising from workplace injury; subject to the operation of s 26, s 27 and s 37 WHS Act, if an employee such is injured through the failure of a piece of necessary safety equipment provided by an employer there is a breach of the obligation imposed by s 28(1): Keane, Muir and Fraser JJA.
Special Leave Refused (HCA)[2009] HCASL 5812 Mar 2009Special leave refused: Gummow and Kiefel JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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