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Queensland Quarry Group Pty Ltd (In Liquidation) v Cosgrove[2019] QDC 26

Queensland Quarry Group Pty Ltd (In Liquidation) v Cosgrove[2019] QDC 26

CITATION: Queensland Quarry Group Pty Ltd (In Liquidation) v Cosgrove [2019] QDC 26
JUDGE(S): Rosengren DCJ
DELIVERED ON: 13 March 2019
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Editorial Notes

  • Published Case Name:

    Queensland Quarry Group Pty Ltd (In Liquidation) & Anor v Cosgrove

  • Shortened Case Name:

    Queensland Quarry Group Pty Ltd (In Liquidation) v Cosgrove

  • MNC:

    [2019] QDC 26

  • Court:

    QDC

  • Judge(s):

    Rosengren DCJ

  • Date:

    13 Mar 2019

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2019] QDC 2613 Mar 2019Second plaintiff's claim to recover four separate payments totalling $361,250 paid the first plaintiff to the defendant as an unfair preference pursuant to s 588FA of the Corporations Act 2001 (Cth) (the Act); or as an insolvent transaction pursuant to s 588FC of the Act; or as a voidable transaction pursuant to s 588FFE of the Act; claim dismissed: Rosengren DCJ.
Appeal Determined (QCA)[2019] QCA 22018 Oct 2019Application for leave to appeal granted; appeal allowed; orders made 13 March 2019 set aside; in lieu thereof it is ordered that pursuant to s 588FF(1)(a), or alternatively s 588FF(1)(c) the respondent pay $95,000 to Queensland Quarry Group Pty Ltd ACN 160 549 388 (In Liquidation), plus interest: Morrison and Philippides JJA and Flanagan J.

Appeal Status

Appeal Determined (QCA)

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