Team Dynamik Racing Pty Ltd v Longhurst Racing Pty Ltd
[2008] QCA 120
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Team Dynamik Racing Pty Ltd v Longhurst Racing Pty Ltd [2008] QCA 120
JUDGE(S):
Holmes JA, Muir JA, Mackenzie AJA
DELIVERED ON:
20 May 2008
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Editorial Notes
Published Case Name:
Team Dynamik Racing Pty Ltd v Longhurst Racing Pty Ltd & Ors
Shortened Case Name:
Team Dynamik Racing Pty Ltd v Longhurst Racing Pty Ltd
MNC:
[2008] QCA 120
Court:
QCA
Judge(s):
Holmes JA, Muir JA, Mackenzie AJA
Date:
20 May 2008
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QSC 32
22 Feb 2007
Trial of claim involving loan given in exchange for the assignment of licences to compete in V8 races, with a mortgage being held over the licence; dispute over contractual construction and intention: Muir J.
Primary Judgment
[2007] QSC 232
03 Sep 2007
Decision on objection to filed statement of account following findings in [2007] QSC 32; found there was a secured loan and plaintiff was successful in its action for redemption; the agreement not having provided expressly for interest to be payable after the duration of the term of the loan, interest after that time is recoverable only as damages for breach of contract: Muir J.
Primary Judgment
[2008] QSC 36
29 Feb 2008
Application by plaintiff for an order that costs it has been ordered to pay be set off against costs which the first defendant has been ordered to pay; application granted: Fryberg J.
Primary Judgment
[2008] QSC 207
04 Sep 2008
Application for judgment pursuant to liberty to apply given after trial; it is apparent that his Honour in his reasons of 6 September intended that the plaintiffs have the benefit of the sum of $240,000 in the event it became apparent that no CGT liability existed; now been established that that liability did not exist: Lyons J.
Appeal Determined (QCA)
[2007] QCA 314
28 Sep 2007
Appeal against decision in [2007] QSC 32 dismissed with costs; on the evidence, the licence was assignable and it was assigned by way of mortgage rather than sale: McMurdo P, Cullinane and Wilson JJ.
Appeal Determined (QCA)
[2008] QCA 120
20 May 2008
Appeal against decision in [2008] QSC 36; application to strike out appeal successful; was not merely an order "in relation to" costs; set-off order was a practical exercise of the judge at first instance's general discretion as to costs, not requiring the resolution of any question of law: Holmes and Muir JJA and Mackenzie AJA.
Special Leave Refused (HCA)
[2008] HCATrans 76
08 Feb 2008
Special leave refused; in the very particular facts of the agreements between the parties the Court was not convinced that the applicant had shown reasonable prospects of success were special leave granted: Kirby, Hayne and Kiefel JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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