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Keswick Developments Pty Ltd v Keswick Island Pty Ltd[2009] QCA 340

Keswick Developments Pty Ltd v Keswick Island Pty Ltd[2009] QCA 340

CITATION: Keswick Developments Pty Ltd v Keswick Island Pty Ltd [2009] QCA 340
JUDGE(S): de Jersey CJ, Holmes JA, A Lyons J
DELIVERED ON: 03 November 2009
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Editorial Notes

  • Published Case Name:

    Keswick Developments P/L v Keswick Island P/L & Ors

  • Shortened Case Name:

    Keswick Developments Pty Ltd v Keswick Island Pty Ltd

  • MNC:

    [2009] QCA 340

  • Court:

    QCA

  • Judge(s):

    de Jersey CJ, Holmes JA, A Lyons J

  • Date:

    03 Nov 2009

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2009] QSC 17606 Jul 2009In BS3078/09: (1) it is declared there was a breach of warranty contained in special condition 2 of the contract of sale; (2) the Amended Originating Application filed 1 June 2009 be dismissed; In BS12924/08: the questions in paragraphs 1A (a), (b), (da), (db), (e) and (f) of the Second Amended Application be decided before trial; the Second Amended Application filed 1 June 2009 is dimissed: McMurdo P
Appeal Determined (QCA)[2009] QCA 34003 Nov 2009Appeal be allowed; Order 2 made in BS3078/09 be set aside; There be declarations made regarding the Commercial Contract Deed of Covenant between the parties; The costs order made by the primary judge stands, in addition, the respondents to pay the appellant's costs of and incidental to the appeal: de Jersery CJ, Holmes JA and A Lyons J

Appeal Status

Appeal Determined (QCA)

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