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Embrey v Smart[2014] QCA 75

CITATION: Embrey v Smart [2014] QCA 75
JUDGE(S): Muir JA, Morrison JA, Applegarth J
DELIVERED ON: 11 April 2014
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Editorial Notes

  • Published Case Name:

    Embrey v Smart

  • Shortened Case Name:

    Embrey v Smart

  • MNC:

    [2014] QCA 75

  • Court:

    QCA

  • Judge(s):

    Muir JA, Morrison JA, Applegarth J

  • Date:

    11 Apr 2014

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC7490/10, SC9104/10 (No citation)03 Aug 2010The plaintiff claimed against the defendant for damages for personal injury. Order for substituted service of the originating application and supporting documents: Atkinson J.
Primary JudgmentSC7490/10, SC9104/10 (No citation)17 Aug 2010Orders were made dispensing with the compulsory conference and the exchange of final written offers. Orders also made for substituted service of the claim and statement of claim upon the respondent by delivery of the documents to 43 Ipswich Road, Woolloongabba: Martin J.
Primary JudgmentSC7490/10, SC9104/10 (No citation)04 Nov 2010Default judgment for the plaintiff with damages to be assessed.
Primary JudgmentSC7490/10, SC9104/10 (No citation)20 Jun 2011The requirement for signatures of the respondent and the second defendant on a request for trial date were dispensed with: Fryberg J.
Primary Judgment(No citation)06 Sep 2011Judgment for the Plaintiff against the respondent and the second defendant for $581,689.03 with costs: Clare DCJ.
Primary Judgment[2013] QSC 24113 Sep 2013Application to set aside the orders of Atkinson J and Martin J which had been made in August 2010 granted. Further, the judgment entered on 4 November 2010 and the orders of Fryberg J and Clare DCJ also set aside: Daubney J.
Appeal Determined (QCA)[2014] QCA 7511 Apr 2014Appeal allowed. Set aside orders below in [2013] QSC 241: Muir JA, Morrison JA, Applegarth J.

Appeal Status

Appeal Determined (QCA)

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