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Trial of claim for specific performance of guarantee under construction contract; already sought and obtained order for rectification in Tribunal; registration of a decision pursuant to s 93 Commercial and Consumer Tribunal Act involves no further judicial decision; contractual rights became merged in the Tribunal’s orders; claim dismissed: McMurdo J.
Primary Judgment
[2008] QSC 72
18 Apr 2008
Costs following judgment on application; plaintiffs pay costs on standard basis: McMurdo J.
Appeal Determined (QCA)
[2008] QCA 217
01 Aug 2008
Appeal dismissed with costs; appeal against dismissal of application for specific performance of guarantee under construction contract, where already sought and obtain orders in Tribunal for rectification works, later stayed; respective claims, principally for rectification of the defects and enforcement of the guarantee, are properly recognized as alternative remedies arising from the same cause of action; passed into judgment so it merged: de Jersey CJ, Keane JA and Lyons J.
Appeal Status
Appeal Determined (QCA)
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