QBE Insurance (Australia) Ltd v Cape York Airlines Pty Ltd
[2010] QCA 275
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QBE Insurance (Australia) Ltd v Cape York Airlines Pty Ltd
Shortened Case Name:
QBE Insurance (Australia) Ltd v Cape York Airlines Pty Ltd
MNC:
[2010] QCA 275
Court:
QCA
Judge(s):
Muir JA
Date:
14 Oct 2010
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2008] QSC 302 [2009] 1 Qd R 116
24 Nov 2008
Plaintiff applied to strike out various paragraphs of the sixth further amended defence; ordered that paragraph 5(c) of the defence did not comply with r 166 of the UCPR and should be struck out: Daubney J
Primary Judgment
[2009] QSC 259
03 Sep 2009
Plaintiff applied to strike out various paragraphs of the seventh further amended defence or, alternatively, sought further and better particulars of those paragraphs; further and better particulars ordered and application otherwise dismissed: Daubney J
Primary Judgment
[2009] QSC 260
03 Sep 2009
Defendant applied for leave to adduce further expert evidence at trial; application granted: Daubney J
Primary Judgment
[2010] QSC 313
27 Aug 2010
Plaintiff commenced proceedings for payment owing under policy of insurance; judgment for the plaintiff in the sum of $3,171,886.88: Daubney J
Primary Judgment
[2010] QSC 365
24 Sep 2010
On the question of costs, defendant ordered to pay the plaintiff's costs on the indemnity basis: Daubney J
QCA Interlocutory Judgment
[2008] QCA 400
10 Dec 2008
Application for stay of orders striking out defence made on 24 November 2008; stay refused: Muir JA
QCA Interlocutory Judgment
[2010] QCA 275
14 Oct 2010
Defendant applied for a stay of [2008] QSC 302 pending determination of its appeal; application for stay granted: Muir JA
Appeal Determined (QCA)
[2011] QCA 60 [2012] 1 Qd R 158
01 Apr 2011
Defendant appealed against [2010] QSC 313 and plaintiff cross-appealed; allowing defendant's appeal, setting aside judgment below and substituted judgment for the plaintiff in the amount of $1,807,367.88 plus interest: Muir and Chesterman JJA and M Wilson AJA
Appeal Status
Appeal Determined (QCA)
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