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Drew v Makita (Australia) Pty Ltd[2010] QCA 1

Drew v Makita (Australia) Pty Ltd[2010] QCA 1

CITATION: Drew v Makita (Australia) Pty Ltd [2010] QCA 1
JUDGE(S): Chesterman JA
DELIVERED ON: 02 February 2010
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Editorial Notes

  • Published Case Name:

    Drew v Makita (Australia) Pty Ltd

  • Shortened Case Name:

    Drew v Makita (Australia) Pty Ltd

  • MNC:

    [2010] QCA 1

  • Court:

    QCA

  • Judge(s):

    Chesterman JA

  • Date:

    02 Feb 2010

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2008] QDC 22329 Aug 2008Trial of claim for damages for personal injury arising from alleged breach of s 75AC Trade Practices Act 1974 and general law duty; injury arising from operating a circular saw claimed to have been manufactured and supplied by the defendant; not satisfied that the plaintiff deliberately or consciously jammed the guard in the open position before operating the saw; judgment for the plaintiff: Tutt DCJ.
Primary JudgmentDC4664/04 (No Citation)10 Dec 2009Retrial on liability following appeal in [2009] QCA 66; judgment for plaintiff on retrial: O'Sullivan DCJ.
QCA Interlocutory Judgment[2008] QCA 31209 Oct 2008Application for stay of execution of judgment in [2008] QDC 223 pending appeal; defendant was ordered to pay the plaintiff $194,454.86 plus costs in his action for personal injury; stay granted and costs reserved: Keane JA.
QCA Interlocutory Judgment[2010] QCA 102 Feb 2010Application for stay of execution of retrial judgment of O'Sullivan DCJ pending appeal granted: Chesterman JA
Appeal Determined (QCA)[2009] QCA 66 [2009] 2 Qd R 21924 Mar 2009Remitted for retrial on all issues other than quantum; it was incumbent on the primary judge to explain why arguments as to evidence were rejected or did not prevent the respondent's claim from succeeding; appeal allowed: Holmes and Muir JJA and Daubney J
Appeal Determined (QCA)[2010] QCA 17102 Jul 2010Appeal against retrial judgment of O'Sullivan DCJ dismissed with costs on indemnity basis; ordered to pay indemnity costs of retrial: de Jersey CJ, White JA, Atkinson J.

Appeal Status

Appeal Determined (QCA)

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