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Alborn v Stephens[2009] QCA 384

CITATION: Alborn v Stephens [2009] QCA 384
JUDGE(S): Holmes JA, Muir JA, Daubney J
DELIVERED ON: 11 December 2009
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Editorial Notes

  • Published Case Name:

    Alborn & Ors v Stephens & Ors

  • Shortened Case Name:

    Alborn v Stephens

  • MNC:

    [2009] QCA 384

  • Court:

    QCA

  • Judge(s):

    Holmes JA, Muir JA, Daubney J

  • Date:

    11 Dec 2009

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2009] QSC 19829 Jul 2009Dispute over the acquisition and operation of various franchised “Subway” stores. The stores were not profitable and parties reached an agreement to split the business operation. Dispute about whether agreement to split business binding. Court held that agreement binding to the extent parties acted in accordance with it and paid money: Atkinson J.
Primary Judgment[2009] QSC 37220 Nov 2009Costs orders in respect of [2009] QSC 198: Atkinson J.
Primary Judgment[2011] QSC 34118 Nov 2011Hearing of matter remitted by Court of Appeal in [2009] QCA 384. Declaration in respect of the beneficial ownership of certain "Subway" franchise businesses. Orders in respect of the taking of an account of profits: Atkinson J.
QCA Interlocutory Judgment[2010] QCA 5819 Mar 2010Costs orders in respect of [2009] QCA 384: Holmes and Muir JJA and Daubney J.
QCA Interlocutory Judgment[2012] QCA 26728 Sep 2012Declarations as to ownership of business interests and orders to do certain acts in respect of those businesses. Orders made in respect of the taking of an account of profits: Holmes JA, Fraser JA, Philippides J.
Appeal Determined (QCA)[2009] QCA 38411 Dec 2009Court erred in finding agreement between parties in circumstances where the agreement found was inconsistent with either sides pleaded case. Appeal allowed. Orders below set aside. Proceeding, including counter-claim, remitted to the primary judge for hearing and determination in accordance with reasons: Holmes and Muir JJA and Daubney J.
Appeal Determined (QCA)[2012] QCA 17626 Jun 2012Appeal from [2011] QSC 341 allowed. Judgment and orders at first instance set aside: Holmes JA, Fraser JA, Philippides J.

Appeal Status

Appeal Determined (QCA)

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