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Dunworth v Mirvac Qld Pty Ltd (No 3)[2011] QSC 27

Dunworth v Mirvac Qld Pty Ltd (No 3)[2011] QSC 27

CITATION: Dunworth v Mirvac Qld Pty Ltd (No 3) [2011] QSC 27
JUDGE(S): M Wilson J
DELIVERED ON: 07 February 2011
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Editorial Notes

  • Published Case Name:

    Dunworth v Mirvac Qld P/L (No 3)

  • Shortened Case Name:

    Dunworth v Mirvac Qld Pty Ltd (No 3)

  • MNC:

    [2011] QSC 27

  • Court:

    QSC

  • Judge(s):

    M Wilson J

  • Date:

    07 Feb 2011

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2009] QSC 12111 May 2009Plaintiff commenced proceedings seeking declarations that contract for the sale of land was void ab initio together with interlocutory relief restraining operation of the sale contract; interlocutory relief granted pending determination of trial: M Wilson J
Primary Judgment[2010] QSC 47210 Dec 2010Plaintiff sought declarations that contract for the sale of land was void ab initio; plaintiff's claim dismissed and specific performance ordered: M Wilson J
Primary Judgment[2010] QSC 47617 Dec 2010Plaintiff ordered to pay defendant's costs of the primary proceeding on the indemnity basis: M Wilson J
Primary Judgment[2011] QSC 2707 Feb 2011Plaintiff commenced proceedings seeking a declaration that contract for sale of land was duly rescinded; where specific performance ordered in [2010] QSC 472 and property subsequently subject to flooding; date for completion extended and application otherwise adjourned for trial: M Wilson J
Appeal Determined (QCA)[2011] QCA 200 [2012] 1 Qd R 20719 Aug 2011Plaintiff appealed against orders made in [2011] QSC 27 whereby Court decided a trial was necessary to determine whether contract for the sale of land duly rescinded; appeal allowed, orders made in [2010] QSC 472 and [2011] QSC 27 set aside and declared that contract validly rescinded: de Jersey CJ, PD McMurdo and Dalton JJ
Special Leave Refused (HCA)[2012] HCATrans 2310 Feb 2012Defendant applied for special leave to appeal against [2011] QCA 200; special leave refused: French CJ and Kiefel J

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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