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Smits v Tabone[2007] QCA 172

CITATION: Smits v Tabone [2007] QCA 172
JUDGE(S): Jerrard JA
DELIVERED ON: 30 May 2007
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Editorial Notes

  • Published Case Name:

    Smits v Tabone; Blue Coast Yeppoon Pty Ltd v Tabone

  • Shortened Case Name:

    Smits v Tabone

  • MNC:

    [2007] QCA 172

  • Court:

    QCA

  • Judge(s):

    Jerrard JA

  • Date:

    30 May 2007

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC86/2007 (No Citation)05 Mar 2007Upheld application by Tabone to remove caveat lodged over land by Smits, having alleged an equitable interest as a purchaser in fee simple: Dutney J.
Primary JudgmentSC223/07 (No Citation)14 May 2007Upheld application by Tabone to remove caveat lodged over land by Blue Coast on 26 March 2007; ordered a stay of the orders for 14 days: Dutney J.
QCA Interlocutory Judgment[2007] QCA 17125 May 2007Hearing of stay applications; ordered extending the stay granted by Dutney J until publication of reasons in [2007] QCA 172: Jerrard JA.
QCA Interlocutory Judgment[2007] QCA 17230 May 2007Application for a stay of orders made on 5 March 2007 and 14 May 2007 pending appeal against those judgments; insufficient prospects of success on the appeals against the orders removing the caveats to justify the grant of a stay of that order; applications dismissed and stay orders on 25 May 2007 discharged: Jerrard JA.
Appeal Determined (QCA)[2007] QCA 33712 Oct 2007Appeals dismissed with costs on the indemnity basis against Smits; appellants agree to dismiss appeal, remaining dispute on the assessment of costs; advanced a case which was wholly without any arguable merit: Muir JA, Cullinane and Lyons JJ.

Appeal Status

Appeal Determined (QCA)

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