Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment
  • Appeal Determined - Special Leave Refused (HCA)

Boylan v Gallagher[2011] QCA 287

CITATION: Boylan v Gallagher [2011] QCA 287
JUDGE(S): Fraser JA, Chesterman JA, Philippides J
DELIVERED ON: 14 October 2011
Close

Editorial Notes

  • Published Case Name:

    Boylan v Gallagher

  • Shortened Case Name:

    Boylan v Gallagher

  • MNC:

    [2011] QCA 287

  • Court:

    QCA

  • Judge(s):

    Fraser JA, Chesterman JA, Philippides J

  • Date:

    14 Oct 2011

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2011] QSC 94 [2011] Q ConvR 54-75628 Apr 2011Plaintiff sought refund of call option fee and deposit paid pursuant to a put and call option on the basis that defendant failed to comply with Property Agents and Motor Dealers Act 2000 (Qld); defendant counterclaimed for the shortfall on the resale of the land; plaintiff entitled to refund of deposit with interest: Mullins J
QCA Interlocutory Judgment[2012] QCA 159 [2013] 1 Qd R 20415 Jun 2012Application pursuant to r 388 of the Uniform Civil Procedure Rules 1999 to set aside the orders made on 16 September 2011 and 14 October 2011, for the defendant's appeal to be dismissed with costs or, alternatively, for the proceeding to be remitted to the trial division, on the basis that the Court failed to consider contentions in the pleadings as a result of senior counsel's accidental omission to refer to relevant paragraphs; plaintiff's application dismissed: Fraser JJA, Philippides J
QCA Interlocutory Judgment[2011] QCA 28714 Oct 2011Further orders on the question of costs requiring the plaintiff to pay the defendant's costs of primary proceeding, excluding the costs of the trial, on the standard basis and awarding the defendant an indemnity certificate in respect of the appeal pursuant to s 15(1) of the Appeal Costs Fund Act 1973 (Qld): Fraser and Chesterman JJA and Philippides J
Appeal Determined (QCA)[2011] QCA 240 [2012] 1 Qd R 420, [2011] Q ConvR 54-766.16 Sep 2011Allowing the defendant's appeal, setting aside the orders at first instance and giving judgment for the defendant on her counterclaim for $2,100,000 as damages for breach of contract: Fraser and Chesterman JJA and Philippides J
Special Leave Refused (HCA)[2012] HCASL 13215 Aug 2012Plaintiff applied for special leave to appeal against [2011] QCA 240; application dismissed: Gummow and Kiefel JJ

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.