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Application for recovery of vacant land following default on registered mortgage; no serious question to be tried as to whether the presumption arising from s 11 of the Consumer Code has been rebutted; difficult to regard the loans as being other than for a predominantly commercial purpose let alone predominantly for personal, domestic or household purposes; application granted: Mackenzie J
QCA Interlocutory Judgment
[2008] QCA 363
20 Nov 2008
Application for stay of order in Trial Division for the recovery of vacant land, pending appeal; if a stay is granted, the marketing of the property will be delayed and both parties may be disadvantaged; application dismissed: Muir JA
Appeal Determined (QCA)
[2009] QCA 85 [2009] 2 Qd R 156
09 Apr 2009
Appeal dismissed with costs; appeal against order granting recovery of vacant possession of land; primary judge was correct to conclude, in effect, that the personal or the domestic purposes were incidental to the appellant's plan of undertaking a particular investment to increase the capital to be invested for her retirement: Muir JA, Mullins and Douglas JJ
Appeal Status
Appeal Determined (QCA)
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