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The Beach Retreat Pty Ltd v Mooloolaba Marina Ltd [2008] QCA 224
JUDGE(S):
McMurdo P, Keane JA, Lyons J
DELIVERED ON:
08 August 2008
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Editorial Notes
Published Case Name:
The Beach Retreat P/L & Anor v Mooloolaba Marina Ltd & Anor
Shortened Case Name:
The Beach Retreat Pty Ltd v Mooloolaba Marina Ltd
MNC:
[2008] QCA 224
Court:
QCA
Judge(s):
McMurdo P, Keane JA, Lyons J
Date:
08 Aug 2008
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
SC2882/06 (No Citation)
20 Mar 2008
Application leave to amend pleading alleging fraud 20 days before trial; allegation that transfer of shares in company was void as a fraudulent transfer under s 228 PLA; application refused: Martin J.
Primary Judgment
[2009] QSC 84 [2009] 2 Qd R 356
16 Apr 2009
Application by defendants for fixed costs of the proceeding be paid by a non-party on the indemnity basis; day one of trial informed court no evidence would be called and would not resist order dismissing claim; application granted in part: Martin J.
Appeal Determined (QCA)
[2008] QCA 224
08 Aug 2008
Appeal dismissed with costs; appeal against refusal of leave to amend pleading alleging fraud 20 days before trial; difficult to regard the absence of a satisfactory explanation by the appellants for their failure to make amendments setting up a case of fraud until the eve of trial as other than a breach of the undertaking referred to in r 5(3) UCPR: McMurdo P, Keane JA and Lyons J.
Appeal Status
Appeal Determined (QCA)
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