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Defendants applied to strike out paragraph 31(a) of plaintiffs' statement of claim which claimed legal costs incurred in P&E Court as damages; whether section 4.1.23(1) of Integrated Planning Act 1997 (Qld) precluded plaintiffs from recovering legal costs as damages in separate proceedings; application granted and paragraph 31(a) struck out accordingly: Helman J
Appeal Determined (QCA)
[2004] QCA 76 [2004] 2 Qd R 388
19 Mar 2004
Plaintiffs appealed against [2003] QSC 342; where restriction confined to proceedings brought under Integrated Planning Act 1997 (Qld); appeal allowed, order striking out para 31(a) of plaintiffs' statement of claim set aside in lieu of order striking out defendants' application with costs: McPherson JA and White J (M McMurdo P dissenting)
Special Leave Refused (HCA)
[2004] HCATrans 523
03 Dec 2004
Defendants applied for special leave to appeal against [2004] QCA 76; whether section 4.1.23(1) of Integrated Planning Act 1997 (Qld) confined only to proceedings under that Act or extended to all claims at law; special leave refused: Gummow and Callinan JJ
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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