Voli v Inglewood Shire Council

110 CLR 74

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Between: VOLI
And: INGLEWOOD SHIRE COUNCIL

Court:

Judges: Dixon CJ
Windeyer J
Owen J

Subject References:
Negligence
Architectural plans
Approved by Government Department
Dangerous premises built from plans
Injury
Liability
Apportionment

Hearing date: BRISBANE 7 September 1962; 10 September 1962; 11 September 1962
Judgment date: 29 May 1963

MELBOURNE

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ORDER

Appeal allowed with costs to be paid by the respondents.

Judgment of the Supreme Court set aside and in lieu thereof order:

(a)

that the plaintiff recover from the first named and second named defendants the sum of PD1,531 11s. 6d. as damages and also his costs (including any reserved costs);

(b)

that the action against the third named defendant be dismissed with costs (including any reserved costs) to be paid by the first named defendant;

(c)

that upon either the first named or the second named defendant satisfying by payment to the plaintiff its or his said liability to the plaintiff for damages and costs, or any part thereof, it or he be entitled to recover from the other one half of the sum so paid to the plaintiff.

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.