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Hyne & Son Pty Ltd v Cockburn[2000] QCA 5

Hyne & Son Pty Ltd v Cockburn[2000] QCA 5

 

COURT OF APPEAL

 

de JERSEY CJ

MCMURDO P

THOMAS JA

 

Appeal No 9326 of 1999

 

JOHN TREVOR COCKBURN Respondent (Plaintiff)

v

HYNE & SON PTY LTD Applicant (Defendant)

 

BRISBANE

 

DATE 02/02/2000

 

JUDGMENT

 

THE CHIEF JUSTICE:  Leave should not be given in my view.  Further ventilation of the issues is better reserved to any appeal following a trial judgment.  No injustice of any relevance would result from our taking that course.

 

There is no question of the loss of any right to plead or ventilate a limitations point, as had been confirmed to us. Furthermore, proper comprehensive consideration of the relevant issues may well involve factual determinations which have not yet been made, for example, whether the claimed injuries amount to injuries within the particular terms of the statutory definition.

 

It is not, in short, an appropriate vehicle in which we should be making definitive judgments in an area of the law in which a number of cases are currently coming through the system.  I would refuse the application.

 

THE PRESIDENT:  I agree that this is not an appropriate case in which to grant leave for an interlocutory judgment for the reasons given by the Chief Justice. 

 

THOMAS JA:  I agree.

 

THE CHIEF JUSTICE:  The application is refused.

 

THE CHIEF JUSTICE:  Costs reserved.

Close

Editorial Notes

  • Published Case Name:

    Cockburn v Hyne & Son Pty Ltd

  • Shortened Case Name:

    Hyne & Son Pty Ltd v Cockburn

  • MNC:

    [2000] QCA 5

  • Court:

    QCA

  • Judge(s):

    de Jersey CJ, McMurdo P, Thomas JA

  • Date:

    02 Feb 2000

Litigation History

EventCitation or FileDateNotes
Appeal Determined (QCA)[2000] QCA 502 Feb 2000Application for leave to appeal refused: de Jersey CJ, McMurdo P, Thomas JA.

Appeal Status

Appeal Determined (QCA)

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Neuss v Roche Bros Proprietary Limited [1999] QDC 2492 citations
1

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