Loading...
Queensland Judgments

beta

Authorised Reports & Unreported Judgments

Exit Distraction Free Reading Mode
  • Unreported Judgment
  • {solid} Appeal Determined (QCA)

Tabone v Smits

 

[2007] QCA 171

 

COURT OF APPEAL

JERRARD JA

 

Appeal No 2651 of 2007

DOROTHY TABONE Respondent (Applicant)

and

LEONARDUS GERARDUS SMITSAppellant (Respondent)

 

Appeal No 4208 of 2007

DOROTHY TABONE

Respondent (Applicant)

and

 

BLUE COAST YEPPOON PTY LTD

(ACN  124 570 059)

Appellant (Respondent)

 

BRISBANE 

..DATE 25/05/2007

ORDER

MR R J ANDERSON (instructed by Morgan Copley) for the applicant/appellant

MR J B SWEENEY (instructed by Rees R & Sydney Jones) for the respondent

JERRARD JA:  The orders I make now are that I reserve the decision in this application and I extend the stay granted by Dutney J until publication of the reason and orders in this application.

Close

Editorial Notes

  • Published Case Name:

    Tabone v Smits

  • Shortened Case Name:

    Tabone v Smits

  • MNC:

    [2007] QCA 171

  • Court:

    QCA

  • Judge(s):

    Jerrard JA

  • Date:

    25 May 2007

Litigation History

Event Citation or File Date Notes
Primary Judgment SC86/2007 (No Citation) 05 Mar 2007 Upheld 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 Judgment SC223/07 (No Citation) 14 May 2007 Upheld 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 171 25 May 2007 Hearing 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 172 30 May 2007 Application 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 337 12 Oct 2007 Appeals 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

{solid} Appeal Determined (QCA)