Qld v Munro

[2014] QCA 231

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › District Court to Court of Appeal
4. › Interference with findings of fact
5. › Whether findings glaringly improbable or contrary to compelling inferences
6. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Tort Law
2. › Negligence
3. › Duty of care
4. › Employer's duty to employees
5. › Training and instruction
6. › Whether employer breached duty by failing to teach techniques separately before combining them
1. Appeal
2. › New points on appeal
3. › Causation not raised at trial
4. › Whether applicant should be permitted to rely on causation ground on appeal
5. › Principle of finality of litigation
1. Practice and Procedure
2. › Costs
3. › Appeals against costs orders
4. › Requirement for leave of District Court judge
5. › Whether Court of Appeal has power to grant leave
6. › District Court of Queensland Act 1967 (Qld), s 118B

Quick Take

Under ss 118(3) and 118B of the District Court of Queensland Act 1967, the Court of Appeal has no power to grant leave to appeal against a costs order where the substantive application for leave to appeal has been refused; leave of a District Court judge is required for appeals only in relation to costs. Points not raised at trial, including causation and the rule in Browne v Dunn, will generally not be permitted to be raised on appeal, particularly in modest claims where finality considerations are strong.