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Nashvying Pty Ltd v Giacomi[2007] QSC 257

Nashvying Pty Ltd v Giacomi[2007] QSC 257

CITATION: Nashvying Pty Ltd v Giacomi [2007] QSC 257
JUDGE(S): Jones J
DELIVERED ON: 23 April 2007
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Editorial Notes

  • Published Case Name:

    Nashvying Pty Ltd & Ors v Giacomi

  • Shortened Case Name:

    Nashvying Pty Ltd v Giacomi

  • MNC:

    [2007] QSC 257

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    23 Apr 2007

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2006] QSC 11307 Apr 2006Application for interlocutory injunctions pending the hearing of the claim and counterclaim; balance of convenience favours granting the injunction sought to require signatures to a further application to the local authority for development: Jones J.
Primary Judgment[2007] QSC 25723 Apr 2007Dispute over the validity of a lease and purported termination of the lease; finding that the subject agreements in writing constituted a valid lease and variations of lease and that the Lease was not terminated by the purported notice of termination: Jones J.
Primary Judgment[2009] QSC 3104 Mar 2009Application by plaintiff for review of certain items of the cost assessment undertaken following orders made by consent on 18 May 2007; review allowed in part to vary some items of assessment: Jones J.
Appeal Determined (QCA)[2007] QCA 45421 Dec 2007Appeal allowed in part; appeal against findings in trial of proceeding involving alleged lawful termination of a lease to win and remove quarry material from land, in circumstances where there had been refusals by Council to grant extractive industry permit; is a term of the Lease implied by law that the permit/licence be obtained within a reasonable time, which it was not; s 124 PLA not complied with to terminate lease: McMurdo P, Muir JA and Dutney J.

Appeal Status

Appeal Determined (QCA)

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