Callide Power Management Pty Ltd v Callide Coalfields (Sales) Pty Ltd
[2008] QCA 182
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Callide Power Management Pty Ltd v Callide Coalfields (Sales) Pty Ltd [2008] QCA 182
JUDGE(S):
Keane JA, Muir JA, Mackenzie AJA
DELIVERED ON:
11 July 2008
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Editorial Notes
Published Case Name:
Callide Power Management P/L v Callide Coalfields (Sales) P/L
Shortened Case Name:
Callide Power Management Pty Ltd v Callide Coalfields (Sales) Pty Ltd
MNC:
[2008] QCA 182
Court:
QCA
Judge(s):
Keane JA, Muir JA, Mackenzie AJA
Date:
11 Jul 2008
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QSC 395
20 Dec 2007
Application for declaration as to construction of agreement for coal supply; finding that notification given under the contract for the supply of coal were valid and the counterparty was bound to comply with the terms: Martin J.
Appeal Determined (QCA)
[2008] QCA 182
11 Jul 2008
Appeal dismissed with costs; appeal against the grant of declarations that counterparty to coal supply contract was obliged to comply with notice to deliver shortfall on coal following claim on suspension due to force majeure; primary judge was right to conclude that CCS was not required by CPM's notices of 9 June 2007 to deliver any more coal for the year 2007 than the agreement contemplated that CPM might legitimately require: Keane and Muir JJA and Mackenzie AJA.
Appeal Determined (QCA)
[2008] QCA 216
01 Aug 2008
Application for indemnity costs following appeal judgment; not so unreasonable to refuse offer as to warrant indemnity costs; costs on standard basis: Keane and Muir JJA and Mackenzie AJA.
Appeal Status
Appeal Determined (QCA)
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