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Colbran t/a Tablelands Coffee v State of Queensland; Hatmill P/L & Anor v State of Queensland; Maloberti & Anor v State of Queensland
Shortened Case Name:
Colbran v State of Queensland
MNC:
[2008] QCA 418
Court:
QCA
Judge(s):
McMurdo P, Keane JA, Fraser JA
Date:
23 Dec 2008
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QSC 413
18 Oct 2006
Application to strike out parts of plaintiff's statement of claim and application for leave to amend defence; dispute involving the spraying of crops; State seeks to plead statutory immunity defence under Plant Protection Act; because the issue between the parties is whether the spraying of the plaintiffs’ coffee plants was not undertaken pursuant to any statutory direction, the immunity does not arise; refuse leave to plead immunity: Jones J.
Primary Judgment
[2008] QSC 132
12 Jun 2008
Trial of claim in tort seeking damages for breach of duty of care by State in spraying the plaintiffs' crop plants; judgment for the plaintiffs arising from the State breaching its duty of care by spray being applied to the crops beyond what was permitted: Jones J.
Primary Judgment
[2008] QSC 187
19 Aug 2008
Further order following [2008] QSC 132; calculation if interest: Jones J.
Appeal Determined (QCA)
[2006] QCA 565 [2007] 2 Qd R 235
22 Dec 2006
Appeal against [2006] QSC 413 dismissed with costs; the learned judge at first instance was correct in not permitting the State to plead a defence relying on s 28(1)(a) Plant Protection Act; if an act was done for the purposes of the Act but negligently, the crop owner would not be deprived of his right to recover damages in tort: Williams and Jerrard JJA and Philippides J.
Appeal Determined (QCA)
[2008] QCA 418
23 Dec 2008
Appeals against [2008] QSC 132 dismissed; the finding of liability against the respondent was, on the balance of probabilities, open to the learned trial judge on the evidence before him: McMurdo P, Keane and Fraser JJA.
Appeal Status
Appeal Determined (QCA)
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