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Cross-applications for summary judgment; claim for damages for nuisance arising from stormwater run-off; claim time barred; judgment for defendants: A Wilson SC DCJ.
Primary Judgment
[2010] QSC 206
23 Jun 2010
Plaintiff failed to establish claim; claim dismissed: Applegarth J
QCA Interlocutory Judgment
[2008] QCA 362
20 Nov 2008
Application for stay of execution of summary judgment for defendant pending appeal; little merit and no point granting stay: Muir JA.
Appeal Determined (QCA)
[2009] QCA 38
27 Feb 2009
Appeal allowed setting aside summary judgment, striking out statement of claim with leave to replead; where damage is continuing or recurrent, as here, a new cause of action arises from day to day, or upon the occurrence of fresh damage; should be given opportunity to replead: de Jersey CJ, Fraser JA and Chesterman JA.
Appeal Status
Appeal Determined (QCA)
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