UI International Pty Ltd v Interworks Architects Pty Ltd
[2007] QCA 402
To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Application to strike out paragraphs of statement of claim; claim to carry our rectification works impossible because the plaintiff could not lawfully demolish and rebuild the property of others, and so consent is necessary; certain allegations struck out: McMurdo J.
Primary Judgment
[2007] QSC 96
30 Apr 2007
Application to strike out parts of statement of claim; claim for damages for breach of contract arising from defective building works requiring demolition and rebuilding; the prospect of an actual rectification of the work would at least be a relevant matter in considering whether it was reasonable for the plaintiff to recover that cost of demolition: strike out application partially successful: McMurdo J.
Primary Judgment
[2010] QSC 280
30 Jul 2010
Application to strike out parts of statement of claim; claim for damages for breach of contract arising from defective building works requiring demolition and rebuilding; plea is a specific statement of matters which, if not specifically stated, may have taken defendant by surprise; strike out application dismissed and further and better particulars ordered: Daubney J.
Primary Judgment
[2012] QSC 142
30 May 2012
Application by defendants for security for further security for costs; clear that plaintiff would not be able to pay costs if ordered to; application granted: Daubney J.
Appeal Determined (QCA)
[2006] QCA 403
12 Oct 2006
Cross-appeal dismissed with costs: Williams and Keane JJA and Mackenzie J.
Appeal Determined (QCA)
[2006] QCA 434
03 Nov 2006
Appeal against [2006] QSC 79 dismissed with costs; in the absence of a pleading of facts apt to explain how it is that demolition and rebuilding of buildings on land owned by others can be achieved, the plaintiff's case, as presently pleaded, is embarrassing: Williams and Keane JJA, and Mackenzie J.
Appeal Determined (QCA)
[2007] QCA 402 [2008] 2 Qd R 158
16 Nov 2007
Appeal from [2007] QSC 96 dismissed with costs; appeal against successful strike out application against statement of claim, alleging entitlement to the cost of demolition and reconstruction of a development arising from an alleged breach of contract claim; claim could not succeed where alleged that defects had not affected its return from the contractually intended commercial realisation of the development: Williams, Keane and Holmes JJA.
Appeal Status
Appeal Determined (QCA)
Please select (using the checkboxes) which search results you would like to add to a list.
