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Seabrook v Allianz Australia Insurance Limited [2004] QSC 407
JUDGE(S):
Douglas J
DELIVERED ON:
03 November 2004
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Editorial Notes
Published Case Name:
Mark Leonard Seabrook v Allianz Australia Insurance Limited
Shortened Case Name:
Seabrook v Allianz Australia Insurance Limited
MNC:
[2004] QSC 407
Court:
QSC
Judge(s):
Douglas J
Date:
03 Nov 2004
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2004] QSC 159
27 May 2004
Fourth defendant applied to strike out parts of further amended statement of claim; where plaintiff claimed damages for malicious prosecution; plaintiff ordered to provide further particulars of how alleged statements by fourth defendant resulted in prosecution: Mullins J
Primary Judgment
[2004] QSC 273
01 Sep 2004
First, second and third defendants applied to strike out parts of plaintiff's further amended statement of claim; some paragraphs struck out with leave to replead and plaintiff ordered to provide further particulars in respect of others: Mullins J
Primary Judgment
[2004] QSC 407
03 Nov 2004
Plaintiff contended particulars ordered on 27 May 2004 not required to be furnished until resolution of fourth defendant's appeal against same; plaintiff ordered to comply with orders and pay fourth defendant's costs of the application: Douglas J
Primary Judgment
[2005] QSC 344
28 Nov 2005
Fourth defendant applied for strike out or summary judgment against further amended statement of claim; whether allegation of malicious prosecution disclosed any reasonable cause of action against fourth defendant; whether fourth defendant was a 'prosecutor'; summary judgment granted for the fourth defendant: White J
Appeal Determined (QCA)
[2005] QCA 58
11 Mar 2005
Fourth defendant appealed against refusal by Mullins J in [2004] QSC 159 to strike out plaintiff's claim for aggravated damages or provide further particulars of same; whether failure to specify aggravating features warranted strike out; appeal dismissed with costs: McPherson and Jerrard JJA and Fryberg J
Appeal Determined (QCA)
[2006] QCA 238
23 Jun 2006
Plaintiff appealed against [2005] QSC 344; whether primary judge erred in applying test for summary judgment; appeal dismissed with costs: de Jersey CJ, Holmes JA and Helman J (entirety of proceeding discontinued on 6 November 2006)
Appeal Status
Appeal Determined (QCA)
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