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QNI Metals Pty Ltd v Parbery (No 2)[2018] QCA 324

QNI Metals Pty Ltd v Parbery (No 2)[2018] QCA 324

CITATION: QNI Metals Pty Ltd v Parbery (No 2) [2018] QCA 324
JUDGE(S): Gotterson JA
DELIVERED ON: 20 November 2018
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Editorial Notes

  • Published Case Name:

    QNI Metals Pty Ltd & Ors v Parbery & Ors

  • Shortened Case Name:

    QNI Metals Pty Ltd v Parbery (No 2)

  • MNC:

    [2018] QCA 324

  • Court:

    QCA

  • Judge(s):

    Gotterson JA

  • Date:

    20 Nov 2018

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2017] QSC 23117 Oct 2017Application by defendant Mr Palmer for Bond J to recuse himself; application for an adjournment of the plaintiffs' application for a freezing order; both applications dismissed: Bond J.
Primary Judgment[2018] QSC 10725 May 2018Upon undertakings made by the Commonwealth, and the special purpose liquidators, freezing orders made with respect to the first, second, fourth, seventh, eighth, ninth, tenth, eleventh, twelfth, fourteenth and fifteenth defendants: Bond J.
Primary Judgment[2018] QSC 12525 May 2018Application to stay orders made in [2018] QSC 107 for 21 days dismissed, save for orders 16 and 17 which are stayed until further order: Bond J.
Primary Judgment[2018] QSC 14111 Jun 2018Stay of operation of orders 16 and 17 ordered 25 May 2018 discharged; order 16 set aside and in lieu thereof order that each defendant must swear an affidavit setting out their assets and details about those assets: Bond J.
Primary Judgment[2018] QSC 17627 Jul 2018Defendants' agitation that nothing should be determined until a proposed recusal application heard and determined rejected: Bond J.
Primary Judgment[2018] QSC 17727 Jul 2018Plaintiffs' application for disclosure adjourned to 3 August 2018: Bond J.
Primary Judgment[2018] QSC 17803 Aug 2018Defendants' application for a stay of orders dismissed: Bond J.
Primary Judgment[2018] QSC 18003 Aug 2018Plaintiffs' application for disclosure granted: Bond J.
Primary Judgment[2018] QSC 21317 Sep 2018Application that Bond J recuse himself granted; proceedings transferred to Jackson J and other ancillary orders: Bond J.
Primary Judgment[2018] QSC 24022 Oct 2018Defendants' application (except the fourth, twentieth and twenty-first defendants) for leave to proceed with the counterclaim dismissed (except counterclaim not struck through); plaintiffs' application for defence and counterclaim to be struck out granted with leave; defendants' application for strike-out of the consolidated statement of claim allowed in part; hearing adjourned to a date to be fixed; costs reserved: Jackson J.
Primary Judgment[2018] QSC 24526 Oct 2018Defendants' applications for recusal of Jackson J filed 19 October 2018 commence instanter; applications for recusal of Jackson J be adjourned to 1 November 2018 and ancillary directions: Jackson J.
Primary Judgment[2018] QSC 24905 Nov 2018Application that Jackson J recuse himself from hearing the trial of the proceeding granted on the ground of apprehended bias (dismissed on the ground of actual bias); application that Jackson J recuse himself from taking any further part in the proceeding, including any interlocutory applications, dismissed: Jackson J.
Primary Judgment[2018] QSC 27621 Nov 2018Defendants' applications to vacate orders made in [2018] QSC 176 and [2018] QSC 180 dismissed in substance; extended times for directions for discovery and evidence made: Jackson J.
Primary Judgment[2019] QSC 4811 Mar 2019Defendants' application to increases the scope of disclosure and for extensions of time for the delivery of lay and expert evidence dismissed: Jackson J.
Primary Judgment[2019] QSC 20723 Aug 2019First, second, seventh, fifteenth, sixteenth and twenty-second defendants' application for either a permanent stay of this proceeding as an abuse of the process of the court or a stay pending the final determination of proceeding BS13947/18: application dismissed: Mullins J.
Primary Judgment[2020] QSC 14303 Jun 2020Plaintiffs' claims against the seventh defendant, Mineralogy Pty Ltd, to recover alleged funds loaned from Queensland Nickel Pty Ltd to Mineralogy Pty Ltd dismissed; declared that various transactions entered into by Queensland Nickel Pty Ltd are voidable under s 558FE of the Corporations Act 2001 (Cth) (as uncommercial transactions) together with declaratory relief that the transactions are void ab initio: Mullins J.
QCA Interlocutory Judgment[2018] QCA 13926 Jun 2018Fourth defendant's application to stay orders made in [2018] QSC 107 allowed in part and otherwise dismissed: Gotterson JA.
QCA Interlocutory Judgment[2018] QCA 28723 Oct 2018Application for a stay of the orders made by Bond J in [2018] QSC 180 dismissed: Philippides JA.
Notice of Appeal FiledFile Number: Appeal 11834/1710 Nov 2017Appeal from [2017] QSC 231
Notice of Appeal FiledFile Number: Appeal 7119/2030 Jun 2020Appeal from [2020] QSC 143.
Appeal Discontinued (QCA)File Number: Appeal 11834/1722 Feb 2018Appeal from [2017] QSC 231 dismissed by consent.
Appeal Determined (QCA)[2018] QCA 26812 Oct 2018Costs judgment from fourth defendant's application to stay certain orders ([2018] QSC 176; [2018] QSC 178) that was earlier dismissed (after having been abandoned one day prior): Morrison JA.
Appeal Determined (QCA)[2018] QCA 30205 Nov 2018Appeals from [2018] QSC 178 and [2018] QSC 213 dismissed with costs: Fraser and Gotterson JJA and Boddice J.
Appeal Determined (QCA)[2018] QCA 32420 Nov 2018Costs judgment from defendants' application to stay certain orders [2018] QSC 125 that was earlier dismissed by consent: Gotterson JA.
Appeal Determined (QCA)[2019] QCA 2722 Feb 2019Appeals from [2018] QSC 107 (freezing orders) dismissed: Fraser and Gotterson and McMurdo JJA.
Appeal Determined (QCA)[2021] QCA 13825 Jun 2021-
Appeal Determined (QCA)[2022] QCA 13602 Aug 2022-
Special Leave Refused (HCA)[2022] HCATrans 3317 Mar 2022-

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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