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King v Fister (No. 2)[2021] QDC 4

CITATION: King v Fister (No. 2) [2021] QDC 4
JUDGE(S): Fantin DCJ
DELIVERED ON: 22 January 2021
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Editorial Notes

  • Published Case Name:

    King & Anor v Fister & Anor (No. 2)

  • Shortened Case Name:

    King v Fister (No. 2)

  • MNC:

    [2021] QDC 4

  • Court:

    QDC

  • Judge(s):

    Fantin DCJ

  • Date:

    22 Jan 2021

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2020] QDC 33322 Dec 2020Trial of claims relating to purchase and eventual sale of residential property; declaration that plaintiffs beneficially entitled to $64,032.90 proceeds of sale on basis of both common intention constructive trust and failed joint venture constructive trust; plaintiffs’ further claim for equitable damages of $37,821.08 being value of defendants’ withdrawals from loan account for purposes unrelated to property dismissed: Fantin DCJ.
Primary Judgment[2021] QDC 422 Jan 2021Plaintiffs awarded 80% of their costs on standard basis: Fantin DCJ.
Appeal Determined (QCA)[2022] QCA 4705 Apr 2022Plaintiffs’ appeal against dismissal of equitable damages claim allowed, equitable damages awarded in sum of $17,450.28 with interest, cross-appeal dismissed; plaintiffs’ appeal against costs order allowed, plaintiffs awarded costs of trial and appeal on standard basis; joint venture constructive trust existed so entitlement is as to 80% to plaintiffs and 20% to defendants; benefit which flowed from sale was $101,853.98, which included amount of $37,821.08: Sofronoff P, Mazza AJA, Davis J.
Special Leave Refused (HCA)[2022] HCATrans 18621 Oct 2022Application for special leave to appeal from [2022] QCA 47 refused: Kiefel CJ and Steward J.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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