Di Carlo v Dubois Pty Ltd
[2003] QCA 514
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Di Carlo v Dubois P/L & Ors
Di Carlo v Dubois Pty Ltd
[2003] QCA 514
QCA
McMurdo P, Davies JA, Mullins J
17 Nov 2003
Event | Citation or File | Date | Notes |
---|---|---|---|
Primary Judgment | [2003] QSC 204 | 16 Jul 2003 | Trial of personal injury claim following CT scan; plaintiff has not discharged the onus of proving that he would not have undergone the procedure had he been directly warned; judgment for plaintiff against one of the defendants for $80,000 which was governed by pleadings: Mackenzie J. |
Primary Judgment | [2003] QSC 435 | 18 Dec 2003 | Costs of adjournment of trial and trial proper where reasons given in [2003] QSC 204; no order as to costs on adjournment and standard event costs for trial: Mackenzie J. |
Primary Judgment | [2004] QSC 41 | 10 Mar 2004 | Application for leave to appeal cost order made in [2003] QSC 435; application dismissed: Mackenzie J. |
Primary Judgment | [2007] QSC 95 | 28 Mar 2007 | Application be respondents to strike out claim and statement of claim; claim seeks to set aside judgment on 16 July 2003 dismissing personal injury claim; claim based speculatively on unparticularised fraud; claim and statement of claim struck out with costs on the indemnity basis: de Jersey CJ. |
QCA Interlocutory Judgment | [2003] QCA 415 | 18 Sep 2003 | Application for stay of costs orders made in [2002] QCA 225; application adjourned: Jerrard JA. |
QCA Interlocutory Judgment | [2003] QCA 514 | 17 Nov 2003 | Application for security for costs brought by respondents refused; appeal against trial judgment on 16 July 2003; application refused: McMurdo P, Davies JA and Mullins J. |
QCA Interlocutory Judgment | [2004] QCA 38 | 20 Feb 2004 | Mention of appeal CA7132/03 against trial judgment on 16 July 2003; appellant pay costs of mention: Williams JA. |
QCA Interlocutory Judgment | [2006] QCA 404 | 18 Oct 2006 | Application in Court of Appeal without filing substantive appeal; application for order relieving any requirement to disclose CT scan documents; incorrectly instituted; application dismissed with costs: Williams and Keane JJA and McMurdo J. |
QCA Interlocutory Judgment | [2007] QCA 196 | 08 Jun 2007 | Directions hearing; order that CA1388/06 and CA3622/07 be heard together; applicant delay in prosecuting appeal: McMurdo P. |
Appeal Discontinued (QCA) | - | 24 Feb 2004 | See [2004] QCA 46: parties agreed to dismiss appeal against fourth respondent to appeal CA7132/03 and CA2504/04; substantive appeal judgment is [2004] QCA 150: Davies and Williams JJA and McMurdo J. |
Appeal Discontinued (QCA) | - | 23 Mar 2006 | See [2006] QCA 94; formal pronouncement of orders by consent in application in CA9805/01; discharge temporary stay (made on adjournment on earlier stay application), and cost orders: Jerrard JA. |
Appeal Determined (QCA) | [2002] QCA 225 | 25 Jun 2002 | Appeal against cost order following adjournment of jury civil trial (with leave to do so from trial judge); allowing the appeal and amending the cost order so that the plaintiff pay costs incurred as consequence of pleading amendments; trial costs otherwise reserved: Williams JA, White and Wilson JJ. |
Appeal Determined (QCA) | [2003] QCA 476 | 31 Oct 2003 | Appeal filed 14 August 2003 never prosecuted; notice of appeal struck out for want of prosecution: McMurdo P. |
Appeal Determined (QCA) | [2004] QCA 150 | 07 May 2004 | Dismissing appeal against 16 July 2003 judgment; primary judge erred in finding there was no duty to warn, but no error in finding that the appellant would have proceeded with the procedure; application for extension of time to appeal refusal of leave to appeal (10 March 2004) cost orders made 18 Dec 2003 dismissed: Davies and Williams JJA and McMurdo J (Williams JA dissenting on duty to warn). |
Appeal Determined (QCA) | [2007] QCA 316 | 28 Sep 2007 | Application for extension of time to file further notice of appeal against 16 July 2003 decision following recovery of new evidence of CT scan images (CA1388/06) seeking new trial; application for extension of time to appeal against decision to strike out claim and statement of claim made on 28 March 2007 seeking to set aside 16 July 2003 judgment (CA3622/07); applications dismissed; insufficient merit of prejudice warranting grant of leave in either app: Keane and Muir JA and Cullinane J. |
Application for Special Leave (HCA) | [2007] HCATrans 818 | 19 Dec 2007 | Application for reinstatement of special leave application (B55/07); application is reinstated on condition that the applicant pay the costs of the first and second respondents on an indemnity basis: Kiefel J. |
Special Leave Refused (HCA) | [2005] HCATrans 166 | 21 Mar 2005 | Special leave against 7 May 2004 decision refused with costs; no prospects of reversing findings of primary judge; any complaint of apprehended bias in Court of Appeal waived: Kirby and Hayne JJ. |
Special Leave Refused (HCA) | [2008] HCASL 537 | 17 Oct 2008 | Special leave application against decision on 28 September 2007 refused with costs; insufficient prospects of success in this Court to warrant a grant of special leave to appeal: Gummow and Kiefel JJ. |