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Beardmore v Franklins Management Services P/L[2001] QCA 291

Beardmore v Franklins Management Services P/L[2001] QCA 291

  

COURT OF APPEAL

 

DAVIES JA

THOMAS JA

PHILIPPIDES J

  

Appeal No 4953 of 2001 

JULIE BEARDMORE 

v. 

FRANKLINS MANAGEMENT SERVICES PTY LTD

  

BRISBANE

 

DATE 24/07/2001

 

ORDER

 

24072001 D.1  T1/MUM13 M/T COA168/01

 

DAVIES JA:  In my opinion this is an appropriate case for a grant of leave for the reasons I have just mentioned during the course of argument by Mr Grant-Taylor.  I would accordingly grant leave to appeal.

 

THOMAS JA:  I agree.

 

PHILIPPIDES J:  I agree. 

 

ORDER

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Editorial Notes

  • Published Case Name:

    Beardmore v Franklins Management Services P/L

  • Shortened Case Name:

    Beardmore v Franklins Management Services P/L

  • MNC:

    [2001] QCA 291

  • Court:

    QCA

  • Judge(s):

    Davies JA, Thomas JA, Philippides J

  • Date:

    24 Jul 2001

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC No 698 of 1999 (no citation)04 May 2001Plaintiff claimed damages for personal injury after being struck by shopping trolley pushed by child; whether occupier of premises under legal duty to take reasonable care to prevent harm to entrant from acts of others; judgment for the plaintiff: Forno QC DCJ
QCA Interlocutory Judgment[2001] QCA 29124 Jul 2001Defendant applied for leave to appeal; leave to appeal granted: Davies and Thomas JJA and Philippides J
Appeal Determined (QCA)[2002] QCA 60 [2003] 1 Qd R 119 Mar 2002Defendant appealed against judgment of District Court; whether primary judge erred in finding duty of care and breach of same; appeal dismissed with costs: M McMurdo P and Ambrose J (McPherson JA dissenting)

Appeal Status

Appeal Determined (QCA)

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Ketchell & Anor v Wynch & Anor [2001] QDC 3231 citation
1

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