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Appeal against trial judgment in Magistrates Court dismissed; claim for damages for personal injury arising from trip and fall on protruding service pit cover in footpath in government area; found no duty owed; not prepared to disturb the learned Magistrate’s conclusion on liability: Rackemann DCJ.
Appeal Determined (QCA)
[2008] QCA 353
05 Nov 2008
Leave to appeal refused with costs; seeking to appeal dismissal in DC of appeal against trial judgment in MC; claim for damages for personal injury arising from tripping on a service pit cover exposed on an unpaved footpath located within the local government area; no error: Keane and Holmes JJA and White AJA.
Appeal Status
Appeal Determined (QCA)
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