Queensland Judgments
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Queensland Alumina Ltd v Alinta DQP Pty Ltd[2007] QCA 387

Queensland Alumina Ltd v Alinta DQP Pty Ltd[2007] QCA 387

CITATION: Queensland Alumina Ltd v Alinta DQP Pty Ltd [2007] QCA 387
JUDGE(S): McMurdo P, Holmes JA, Fryberg J
DELIVERED ON: 13 November 2007
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Editorial Notes

  • Published Case Name:

    Queensland Alumina Ltd v Alinta DQP P/L

  • Shortened Case Name:

    Queensland Alumina Ltd v Alinta DQP Pty Ltd

  • MNC:

    [2007] QCA 387

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Holmes JA, Fryberg J

  • Date:

    13 Nov 2007

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2006] QSC 39115 Dec 2006Trial of claim for restitution for mistaken payment and damages for breach of contract; finding that payments were voluntary and therefore not recoverable by mistake: Muir J.
Appeal Determined (QCA)[2007] QCA 38713 Nov 2007Appeal allowed entering judgment for the plaintiff; appeal against trial findings on dispute under contract for restitution of mistaken payments and damages for breach of contract; the trial judge erred in concluding that terms in two agreements could be read together, in circumstances where the terms were inconsistent: McMurdo P, Holmes JA and Fryberg J.
Special Leave Refused (HCA)[2008] HCATrans 12507 Mar 2008Special leave refused with costs; insufficient prospects of the applicants disturbing the orders made by the Court of Appeal to warrant a grant of special leave to appeal: Kirby, Hayne and Crennan JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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