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Trial of claim arising from allegation that land was held on an express or constructive trust, and the subsequent sale of that land was in breach of trust; claim for entitlement to an account of the profit referable to sale, or equitable compensation; finding discussions were not intended to create legal relations; by reducing the agreement to writing the parties were presumed to have intended that the deed represented their entire agreement: Wilson J.
Primary Judgment
[2007] QSC 362
05 Dec 2007
Substantive orders and costs orders following trial judgment; claim against first defendant for $30,000, claim otherwise dismissed: Wilson J.
Appeal Determined (QCA)
[2008] QCA 126
30 May 2008
Appeal against trial judgment allowed, by increasing quantum of damage and liability of further defendant; disagree with the trial judge's conclusion that an expectation justifying equitable relief could not arise from the plaintiffs' reliance upon a combination of matters which included the deed: de Jersey CJ, Fraser JA and Douglas J.
Appeal Determined (QCA)
[2008] QCA 189
18 Jul 2008
Variation to appeal judgment orders and orders as to costs; plaintiffs’ costs should not be limited to the Magistrates Court scale; de Jersey CJ, Fraser JA and Douglas J.
Appeal Status
Appeal Determined (QCA)
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