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Lee v Surfers Paradise Beach Resort Pty Ltd[2008] QCA 29

Reported at [2008] 2 Qd R 249

Lee v Surfers Paradise Beach Resort Pty Ltd[2008] QCA 29

Reported at [2008] 2 Qd R 249
CITATION: Lee v Surfers Paradise Beach Resort Pty Ltd [2008] QCA 29
JUDGE(S): McMurdo P, Jerrard JA, Dutney J
DELIVERED ON: 26 February 2008
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Editorial Notes

  • Published Case Name:

    Lee & Anor v Surfers Paradise Beach Resort P/L

  • Shortened Case Name:

    Lee v Surfers Paradise Beach Resort Pty Ltd

  • Reported Citation:

    [2008] 2 Qd R 249

  • MNC:

    [2008] QCA 29

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Jerrard JA, Dutney J

  • Date:

    26 Feb 2008

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 9327 Apr 2007Application for declaration as to the invalidity of termination of a contract for sale; differences were not “inaccuracies” for the purpose of s 214(2), and the respondent was not obliged to provide a further statement because of them; application dismissed and declaration made that the contract was validly terminated and entitled to retain deposit: Wilson J.
Appeal Determined (QCA)[2008] QCA 29 [2008] 2 Qd R 24926 Feb 2008Appeal dismissed with costs; appeal against dismissal of application to declare termination of contract for sale as invalid as not complying with the Body Corporate Community Management Act; the contract was not void and unenforceable for illegality merely because the respondent was in breach of s. 214(2): McMurdo P, Jerrard JA and Dutney J (Jerrard JA dissenting).
Special Leave Refused (HCA)[2008] HCATrans 25118 Jun 2008Special leave refused with costs: Kirby, Heydon and Crennan JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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