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Seabrook v Allianz Australia Insurance Limited[2004] QSC 407

Seabrook v Allianz Australia Insurance Limited[2004] QSC 407

CITATION: 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

EventCitation or FileDateNotes
Primary Judgment[2004] QSC 15927 May 2004Fourth 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 27301 Sep 2004First, 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 40703 Nov 2004Plaintiff 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 34428 Nov 2005Fourth 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 5811 Mar 2005Fourth 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 23823 Jun 2006Plaintiff 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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