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Australand Corporation (Qld) Pty Ltd v Johnson [2007] QSC 13
JUDGE(S):
McMurdo J
DELIVERED ON:
07 February 2007
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Editorial Notes
Published Case Name:
Australand Corporation (Qld) Pty Ltd v Johnson & Ors
Shortened Case Name:
Australand Corporation (Qld) Pty Ltd v Johnson
MNC:
[2007] QSC 13
Court:
QSC
Judge(s):
McMurdo J
Date:
07 Feb 2007
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QSC 418
13 Sep 2006
-
Primary Judgment
[2007] QSC 13 (2007) 208 FLR 69
07 Feb 2007
Trial for declaratory relief that the respondents were not entitled to avoid their contracts pursuant to s 1073 Corporations Law, where the relevant provisions of it were sought to be exercised after their repeal; declared that the purported avoidance of the contracts was of no effect; McMurdo J.
Appeal from [2007] QSC 13 dismissed with costs; the power conferred on the appellants by s 1073(2) Corporations Law to avoid their contracts with the respondent did not survive the repeal of that provision, save insofar as it was expressly continued by the transitional provisions, so that when it was sought to avoid the contracts, that power was no longer available; Jerrard and Keane JJA and Philippides J.
Appeal Status
Appeal Determined (QCA)
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