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Trial of dispute over construction of land development contract; alleged amounts owing under contract as well as restitutionary claim; first defendant pay the plaintiff the sum of $1,106,154.11, including interest in the sum of $257,508.61 from 26 August 2003 to 20 December 2006: Wilson J.
Primary Judgment
[2007] QSC 31
23 Feb 2007
Reasons on cost judgment for findings in [2006] QSC 392; offer to settle rejected, but did not form sufficient basis in circumstances to warrant indemnity costs order; first defendant pay the plaintiff's costs on the standard basis: Wilson J.
Appeal Determined (QCA)
[2007] QCA 241
27 Jul 2007
Dismiss the appeal with the appellant to pay the first respondent's costs; construction of contract for the development of land issue underlying monetary claim under contract and quantum meruit claim; the primary judge calculated the fee claimed by the plaintiff in accordance with the evidence led without objection, and the issues identified as in dispute, by the senior counsel appearing for the two parties; no error in doing so: Jerrard JA, White and Atkinson JJ.
Appeal Status
Appeal Determined (QCA)
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