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Trial 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 Judgment
DC4664/04 (No Citation)
10 Dec 2009
Retrial on liability following appeal in [2009] QCA 66; judgment for plaintiff on retrial: O'Sullivan DCJ.
QCA Interlocutory Judgment
[2008] QCA 312
09 Oct 2008
Application 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 1
02 Feb 2010
Application 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 219
24 Mar 2009
Remitted 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 171
02 Jul 2010
Appeal 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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