Blue Moon Grill Pty Ltd v Yorkey's Knob Boating Club Inc
[2006] QCA 253
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Blue Moon Grill Pty Ltd v Yorkey's Knob Boating Club Inc [2006] QCA 253
JUDGE(S):
Jerrard JA, Keane JA, Philippides J
DELIVERED ON:
14 July 2006
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Editorial Notes
Published Case Name:
Blue Moon Grill P/L v Yorkey's Knob Boating Club Inc
Shortened Case Name:
Blue Moon Grill Pty Ltd v Yorkey's Knob Boating Club Inc
MNC:
[2006] QCA 253
Court:
QCA
Judge(s):
Jerrard JA, Keane JA, Philippides J
Date:
14 Jul 2006
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2005] QSC 251
17 Aug 2005
Defendant applied for summary judgment against part of plaintiff's claim; whether plaintiff's proceeding precluded by settlement agreement; whether discharges under settlement were executory or immediate in nature; held that agreement operated immediately, paragraph 6B of statement of claim dismissed and parties to file submissions on question of costs: Jones J
Primary Judgment
[2005] QSC 266
02 Sep 2005
Deciding issue of costs of [2005] QSC 251; where defendant succeeded on substance of application; plaintiff ordered to pay costs: Jones J
Appeal Determined (QCA)
[2006] QCA 253
14 Jul 2006
Plaintiff appealed against [2005] QSC 251; whether primary judge erred in construing settlement agreement; appeal allowed, orders below set aside and defendant ordered to pay costs at first instance and on appeal: Jerrard and Keane JJA and Philippides J
Appeal Status
Appeal Determined (QCA)
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