Cook's Construction Pty Ltd v SFS 007.298.633 Pty Ltd
[2009] QCA 75
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Cook's Construction Pty Ltd v SFS 007.298.633 Pty Ltd [2009] QCA 75
JUDGE(S):
Keane JA, Fraser JA, Daubney J
DELIVERED ON:
03 April 2009
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Editorial Notes
Published Case Name:
Cook's Construction P/L v SFS 007.298.633 P/L (formerly trading as Stork Food Systems Australasia P/L)
Shortened Case Name:
Cook's Construction Pty Ltd v SFS 007.298.633 Pty Ltd
MNC:
[2009] QCA 75
Court:
QCA
Judge(s):
Keane JA, Fraser JA, Daubney J
Date:
03 Apr 2009
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2004] QSC 66
16 Mar 2004
Application to strike out statement of claim granted: Moynihan SJA.
Primary Judgment
[2006] QSC 160
23 Jun 2006
Application by defendant for summary judgment on specific aspects of statement of claim; not satisfied that there is no need for a trial of the respondent’s claim: Muir J.
Primary Judgment
[2007] QSC 381
14 Dec 2007
Reasons for ex tempore orders on 7 December 2007 dismissing application by plaintiff to adjourn trial; ignored the requirements of the Uniform Civil Procedure Rules: Martin J.
Primary Judgment
[2008] QSC 179
22 Aug 2008
Trial of claim and counterclaim between parties to construction contract for earthworks and concrete works; Plaintiff did not hold a licence under the Queensland Building Services Authority Act; judgment for the plaintiff and judgment for defendant on counterclaim: Martin J.
Primary Judgment
[2008] QSC 186
22 Aug 2008
Reasons for ex tempore order granting plaintiff leave to amend statement of claim on sixth day of trial; plaintiff pay costs of defendant thrown away by plaintiff on indemnity basis: Martin J.
Primary Judgment
[2008] QSC 220
18 Sep 2008
Application by plaintiff for stay of judgment on counterclaim pending appeal, and application by defendant regarding variations to judgment orders and costs; defendant undertook not to transfer any money paid to it pursuant to the judgment or as interest or as costs out of Australia until further order; application for stay dismissed: Martin J.
QCA Interlocutory Judgment
[2008] QCA 322 [2008] 2 Qd R 453
14 Oct 2008
Appeal against dismissal of application for stay on judgment pending appeal and further application for stay pending appeal; not made out a sufficient case for the grant of a stay in the exercise of the Court's discretion under r 761(2) UCPR, or that the trial judge should have reached a different conclusion; costs of appeal on indemnity basis: McMurdo P, Keane JA and White AJA (McMurdo P dissenting on appeal costs order).
Appeal against trial judgment dismissed with costs; the onus lay at trial not on the appellant to prove its claim but on the respondent to disprove that the appellant had a valid claim in reliance on s 42(4) of the Queensland Building Services Authority Act: Keane and Fraser JJA and Daubney J.
Appeal Status
Appeal Determined (QCA)
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