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Surfers Paradise Investments Pty Ltd (in liq) v Davoren Nominees Pty Ltd[2003] QCA 458

Reported at [2004] 1 Qd R 567

Surfers Paradise Investments Pty Ltd (in liq) v Davoren Nominees Pty Ltd[2003] QCA 458

Reported at [2004] 1 Qd R 567
CITATION: Surfers Paradise Investments Pty Ltd (in liq) v Davoren Nominees Pty Ltd [2003] QCA 458
JUDGE(S): Williams JA, Jerrard JA, Dutney J
DELIVERED ON: 24 October 2003
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Editorial Notes

  • Published Case Name:

    Surfers Paradise Investments P/L (in liq) v Davoren Nominees P/L

  • Shortened Case Name:

    Surfers Paradise Investments Pty Ltd (in liq) v Davoren Nominees Pty Ltd

  • Reported Citation:

    [2004] 1 Qd R 567

  • MNC:

    [2003] QCA 458

  • Court:

    QCA

  • Judge(s):

    Williams JA, Jerrard JA, Dutney J

  • Date:

    24 Oct 2003

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2003] QSC 2518 Feb 2003Applicant applied for declaration that respondent surrendered registered mortgage and held proceeds of sale for applicant; declared mortgage not surrendered: Mackenzie J
Appeal Determined (QCA)[2003] QCA 458 [2004] 1 Qd R 56724 Oct 2003Applicant appealed against [2003] QSC 25; whether primary judge erred in failing to find that proof of debt by secured creditor was election to surrender security; appeal allowed and declared that mortgage surrendered and applicant entitled to sale proceeds: Williams and Jerrard JJA and Dutney J

Appeal Status

Appeal Determined (QCA)

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