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Determination of questions before trial; claim not a motor vehicle accident claim under Motor Accident Insurance Act 1994; second defendent is estopped from certain contentions; second defendant has not waived right to contend claim is not a motor vehicle accident claim; Trade Practices Act 1974 (Cth) applies and second defendant's conduct contravened s. 52; plaintiff has not suffered loss and damage by that contravention: McGill DCJ.
Appeal Determined (QCA)
[2008] QCA 344
31 Oct 2008
Application to vary appeal judgment orders as to costs; the order as to costs pronounced on 19 September 2008 was an appropriate exercise of its discretion in relation to the disposition of the costs of the appeal; application refused: Keane JA, Mackenzie and Lyons JJ.
Appeal Determined (QCA)
[2008] QCA 287 [2008] 2 Qd R 526
19 Sep 2008
Application for leave granted; appeal allowed; orders of District Court set aside in part: Trade Practices Act 1974 (Cth) did not apply to pleaded conduct: Keane JA, Mackenzie AJA and Lyons J.
Appeal Status
Appeal Determined (QCA)
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