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Trial of claim for personal injury arising from motor vehicle accident by colliding with horse on freeway; sufficient evidence to establish a prima facie case that the plaintiff’s injuries were caused by an unidentified motor vehicle; judgment for the plaintiff against the nominal defendant: Byrne J.
Primary Judgment
[2007] QSC 103
03 May 2007
Application for costs following trial judgment; application for indemnity costs refused: Byrne J.
Appeal dismissed with costs; motorcycle collided with a horse laying on road as a result of a collision with an unidentified vehicle; s. 5(1)(b) Motor Accident Insurance Act did not require that a wrongful act or omission relate directly to one or more of the matters referred to in s. 5(1)(a), but only that there be a discernible and rational link between the basis of legal liability and the motor vehicle concerned: Jerrard and Muir JJA and Jones J.
Appeal Determined (QCA)
[2007] QCA 437
07 Dec 2007
Application for indemnity costs following appeal judgment; offer to settle not attractive; application dismissed: Jerrard and Muir JJA and Jones J.
Special Leave Refused (HCA)
[2008] HCATrans 124
07 Mar 2008
Special leave refused: Kirby and Crennan JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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