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Colbran v State of Queensland[2008] QSC 132

Colbran v State of Queensland[2008] QSC 132

CITATION: Colbran v State of Queensland [2008] QSC 132
JUDGE(S): Jones J
DELIVERED ON: 12 June 2008

Editorial Notes

  • Published Case Name:

    Colbran v State of Queensland

  • Shortened Case Name:

    Colbran v State of Queensland

  • MNC:

    [2008] QSC 132

  • Court:


  • Judge(s):

    Jones J

  • Date:

    12 Jun 2008

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2006] QSC 41318 Oct 2006Application 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 13212 Jun 2008Trial 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 18719 Aug 2008Further order following [2008] QSC 132; calculation if interest: Jones J.
Appeal Determined (QCA)[2006] QCA 565 [2007] 2 Qd R 23522 Dec 2006Appeal 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 41823 Dec 2008Appeals 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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