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Crystal Creek Pty Ltd v Cairns City Council[2003] QCA 318

Crystal Creek Pty Ltd v Cairns City Council[2003] QCA 318

CITATION: Crystal Creek Pty Ltd v Cairns City Council [2003] QCA 318
JUDGE(S): de Jersey CJ, Mackenzie J, Helman J
DELIVERED ON: 24 July 2003
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Editorial Notes

  • Published Case Name:

    Crystal Creek P/L v Cairns City Council

  • Shortened Case Name:

    Crystal Creek Pty Ltd v Cairns City Council

  • MNC:

    [2003] QCA 318

  • Court:

    QCA

  • Judge(s):

    de Jersey CJ, Mackenzie J, Helman J

  • Date:

    24 Jul 2003

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2001] QSC 907 Feb 2001Plaintiff applied under r 389 of UCPR for leave to proceed, no step having occurred for more than two years, in action for repayment of monies paid by mistake; adequate explanation for delay given; leave to proceed granted and plaintiff ordered to pay costs of the application: Jones J
Primary JudgmentSC No 164 of 1995 (no citation)06 Nov 2002Defendant applied to strike out allegation in statement of claim that defendant "knew or ought to have known" charges were not lawfully exacted; whether constructive knowledge relevant to doctrine of unjust enrichment; application dismissed: Jones
Appeal Determined (QCA)[2003] QCA 31824 Jul 2003Defendant appealed against order dismissing strike-out application; whether primary judge erred in exercising discretion; where area of law still developing and no obvious prejudice to trial; appeal dismissed with costs reserved: de Jersey CJ, Mackenzie and Helman JJ

Appeal Status

Appeal Determined (QCA)

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