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Molony v Fred Marsh Pty Ltd[2002] QSC 326

Molony v Fred Marsh Pty Ltd[2002] QSC 326

CITATION: Molony v Fred Marsh Pty Ltd [2002] QSC 326
JUDGE(S): Jones J
DELIVERED ON: 05 September 2002
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Editorial Notes

  • Published Case Name:

    Ray Molony and International Jockey School Pty Ltd v Fred Marsh Pty Ltd

  • Shortened Case Name:

    Molony v Fred Marsh Pty Ltd

  • MNC:

    [2002] QSC 326

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    05 Sep 2002

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC No 85 of 2001 (no citation)20 Jun 2002Defendant applied for security for costs against second plaintiff; application granted and security for costs ordered to be paid within 28 days or proceeding stayed in default: Jones J
Primary Judgment[2002] QSC 32605 Sep 2002Plaintiffs applied for orders clarifying effect of orders made on 20 June 2002; where orders subject to appeal and said to speak for themselves; application dismissed: Jones J
Primary Judgment[2003] QSC 24014 Jul 2003Defendant applied to strike out first plaintiff's amended statement of claim; where first plaintiff filed multiple iterations of amended statement of claim; where pleading rendered incomprehensible; ordered that amendments be disallowed and first plaintiff granted leave to file further amended statement of claim: Jones J
Primary JudgmentSC No 85 of 2001 (no citation)11 Dec 2003Defendant applied to strike out first plaintiff's amended statement of claim filed 25 July 2003; where pleading filed on behalf of both plaintiffs notwithstanding stay of proceeding against second plaintiff; ordered that amended statement of claim be struck out as abuse of process and directed that no further statement of claim be filed without leave: Jones J
Primary Judgment[2004] QSC 34907 Sep 2004First Plaintiff applied for judge to recuse himself from hearing trial on the ground of apprehended bias; where sole Supreme Court judge in Cairns; application allowed: Jones J
Primary Judgment[2005] QSC 18403 Jun 2005First plaintiff claimed damages for breach of contract and misleading or deceptive conduct under section 52 Trade Practices Act 1974 (Cth) in relation to termination of an agreement to lease land; where first plaintiff had some success but failed to recover damages; judgment for the defendant: Muir J
Appeal Determined (QCA)[2002] QCA 42010 Oct 2002Plaintiffs applied for leave to appeal against orders of Jones J made on 20 June 2002; where leave to appeal not required; application dismissed and time for filing any appeal extended to 25 October 2002: M McMurdo P, McPherson JA and Holmes J
Appeal Determined (QCA)[2003] QCA 12021 Mar 2003Plaintiffs appealed against orders of 20 June 2002; where stay of separate proceeding akin to granting security for costs against natural person; appeal allowed to extent of varying orders to fix security in amount of $35,000 and limit order to second plaintiff: M McMurdo P, Williams JA and White J
Appeal Determined (QCA)[2003] QCA 17702 May 2003As to the issue of costs of [2003] QCA 120, defendant ordered to pay plaintiffs' costs of the appeal limited to filing of notice of appeal: M McMurdo P, WIlliams JA and White J
Appeal Determined (QCA)[2004] QCA 15107 May 2004Defendant applied for security for costs of the plaintiffs' appeal against orders made by Jones J on 11 December 2003; application dismissed and costs reserved for hearing of appeal: M McMurdo P, Davies JA and Fryberg J
Appeal Determined (QCA)[2005] QCA 27711 Aug 2005Respondent applied for security for costs against first plaintiff's appeal against [2005] QSC 184; application granted and security for costs in the amount of $10,000 ordered: M McMurdo P, Jerrard JA and Dutney J

Appeal Status

Appeal Determined (QCA)

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