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MSW Property Pty Ltd v Law Mortgages Queensland Pty Ltd[2002] QSC 240

MSW Property Pty Ltd v Law Mortgages Queensland Pty Ltd[2002] QSC 240

CITATION: MSW Property Pty Ltd v Law Mortgages Queensland Pty Ltd [2002] QSC 240
JUDGE(S): Wilson J
DELIVERED ON: 12 August 2002
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Editorial Notes

  • Published Case Name:

    MSW Property Pty Ltd v Law Mortgages Queensland Pty Ltd

  • Shortened Case Name:

    MSW Property Pty Ltd v Law Mortgages Queensland Pty Ltd

  • MNC:

    [2002] QSC 240

  • Court:

    QSC

  • Judge(s):

    Wilson J

  • Date:

    12 Aug 2002

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2002] QSC 21807 Aug 2002Plaintiff applied for declaration regarding construction of mortgage granted to defendant; whether mortgage secured moneys owing under certain loan agreements; declared that mortgage did not secure second loan agreement: Wilson J
Primary Judgment[2002] QSC 24012 Aug 2002Determining issue of costs of [2002] QSC 218; where plaintiff obtained judgment no less favourable than terms of formal offer; plaintiff awarded costs on indemnity basis: Wilson J
Appeal Determined (QCA)[2003] QCA 48707 Nov 2003Defendant appealed against [2002] QSC 18; whether primary judge erred in declaring mortgage not available to satisfy indebtedness of second loan; appeal allowed, orders below set aside and declaration that registered mortgage and deed of guarantee and indemnity secured second loan: McPherson and Jerrard JJA and Fryberg J
Appeal Determined (QCA)[2004] QCA 4727 Feb 2004Determining issue of costs of the proceeding; defendant awarded costs: McPherson and Jerrard JJA and Fryberg J

Appeal Status

Appeal Determined (QCA)

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