Queensland Judgments
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Burns v State of Queensland
[2004] QCA 199 (04/2563) Brisb McMurdo P Williams JA Chesterman J 11/06/2004
Additional documents
Catchwords
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT – FUNCTIONS OF APPELLATE COURT – FINDINGS ON ISSUE OF NEGLIGENCE – GENERALLY – where applicant found liable in negligence for respondent's injuries after incident occurring on the applicant's property – where respondent walked into underside of stairway – where learned primary judge found that a reasonable person in the applicant's position would have foreseen that the underside of stairway created a reasonably foreseeable risk of injury which was easily and inexpensively remedied – where applicant required leave to appeal from learned primary judge's decision pursuant to s 118 District Court Act – whether learned primary judge's findings of fact were supported by the evidence – whether applicant could establish that judgment at first instance warranted reconsideration