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Fraser Property Developments Pty Ltd v Sommerfeld[2005] QCA 242

Reported at [2005] 2 Qd R 404

Fraser Property Developments Pty Ltd v Sommerfeld[2005] QCA 242

Reported at [2005] 2 Qd R 404
CITATION: Fraser Property Developments Pty Ltd v Sommerfeld [2005] QCA 242
JUDGE(S): McPherson JA, Williams JA, Philippides J
DELIVERED ON: 15 July 2005
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Editorial Notes

  • Published Case Name:

    Fraser Property Developments P/L v Sommerfeld & Ors

  • Shortened Case Name:

    Fraser Property Developments Pty Ltd v Sommerfeld

  • Reported Citation:

    [2005] 2 Qd R 404

  • MNC:

    [2005] QCA 242

  • Court:

    QCA

  • Judge(s):

    McPherson JA, Williams JA, Philippides J

  • Date:

    15 Jul 2005

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2004] QSC 36322 Oct 2004Defendant builder applied under Commercial and Consumer Tribunal Act 2003 (Qld) for order requiring plaintiff to transfer proceeding to Commercial and Consumer Tribunal; whether claim against defendant council within tribunal's jurisdiction; proceeding transferred: Dutney J
Appeal Determined (QCA)[2005] QCA 134 [2005] 2 Qd R 39429 Apr 2005Defendant council appealed against [2004] QSC 363; whether council's role in approving design plans was "tribunal work" within ss 75 and 76 Queensland Building Services Authority Act 1991 (Qld); appeal allowed, order below set aside and costs reserved: McPherson and Williams JJA and Philippides J
Appeal Determined (QCA)[2005] QCA 242 [2005] 2 Qd R 40415 Jul 2005Defendant council applied for order requiring defendant builder to pay costs of appeal and application at first instance; where builder subsequently declared bankrupt; whether costs restricted by s 58(3) Bankruptcy Act 1966 (Cth); defendant builder ordered to pay costs: McPherson and WIlliams JJA and Philippides J

Appeal Status

Appeal Determined (QCA)

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