Waddington v Richardson, FAI General Insurance Company Ltd

[1995] QCA 496

IN THE COURT OF APPEAL  [1995] QCA 496

SUPREME COURT OF QUEENSLAND
  Appeal No. 159 of 1994

Brisbane

[Waddington v. Richardson and FAI General Insurance Co. Ltd.]

BETWEEN:
  MARK JOHN WADDINGTON

(Plaintiff)  Appellant

AND:
  MEGAN JANE RICHARDSON

(Defendant)

AND:
  FAI GENERAL INSURANCE COMPANY LIMITED

(Defendant by Election)  Respondent

Fitzgerald P.

Davies J.A.

McPherson J.A.

Judgment delivered 12/05/1995
Further Orders delivered 15/09/1995

Orders of the Court

THE CROSS-APPEAL IS ALLOWED AND THE APPELLANT IS ORDERED TO PAY THE RESPONDENT'S COSTS OF THE CROSS-APPEAL.  THE APPELLANT SHOULD BE GRANTED A CERTIFICATE UNDER THE APPEAL COSTS FUND ACT.  THE COSTS OF THE FIRST TRIAL ARE TO FOLLOW THE EVENT OF THE NEW TRIAL.

Counsel:  Mr. R. Trotter for the appellant

Mr. P. Munro for the respondent

Solicitors:  Richardson McGhie for the appellant

Bradley & Co. for the respondent

Hearing Date: 6 April 1995

IN THE COURT OF APPEAL

SUPREME COURT OF QUEENSLAND

Appeal No. 159 of 1994

Brisbane

Before     Fitzgerald P.

Davies J.A.

McPherson J.A.

[Waddington v. Richardson and FAI General Insurance Co. Ltd.]

BETWEEN:
  MARK JOHN WADDINGTON

(Plaintiff)  Appellant

AND:
  MEGAN JANE RICHARDSON

(Defendant)

AND:
  FAI GENERAL INSURANCE COMPANY LIMITED

(Defendant by Election)  Respondent

ORDERS OF THE COURT

Judgment delivered the 12th day of May 1995
  Orders delivered the 15th day of September 1995

Judgment in this matter was delivered on 12 May this year.  The orders of the Court were as follows:

(a)the appeal is allowed;

(b)the judgment below is to be set aside and a new trial ordered;

(c)the respondent is to pay the appellant's costs of the appeal;  and

(d)the respondent is to be granted a certificate under the Appeal Costs Fund Act.

Subsequently, the parties delivered to the Court joint submissions in relation to the respondent's cross-appeal which concerned liability.  In view of the comments made by this Court on the question of liability, and in accordance with the parties' joint submissions, the Court further orders that the cross-appeal should be allowed and that the appellant is to pay the respondent's costs of the cross-appeal.  The appellant should be granted a certificate under the Appeal Costs Funds Act.  And the costs of the first trial are to follow the event of the new trial.