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McCracken v Phoenix Constructions (Qld) Pty Ltd[2012] QCA 129

Reported at [2013] 2 Qd R 27

McCracken v Phoenix Constructions (Qld) Pty Ltd[2012] QCA 129

Reported at [2013] 2 Qd R 27
CITATION: McCracken v Phoenix Constructions (Qld) Pty Ltd [2012] QCA 129
JUDGE(S): Fraser J, White J, Applegarth J
DELIVERED ON: 18 May 2012
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Editorial Notes

  • Published Case Name:

    McCracken v Phoenix Constructions (Qld) Pty Ltd

  • Shortened Case Name:

    McCracken v Phoenix Constructions (Qld) Pty Ltd

  • Reported Citation:

    [2013] 2 Qd R 27

  • MNC:

    [2012] QCA 129

  • Court:

    QCA

  • Judge(s):

    Fraser J, White J, Applegarth J

  • Date:

    18 May 2012

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2011] QSC 16715 Jun 2011Claim for breach of director duties under s 182 of the Corporations Act 2001 (Cth) relating to a failed joint venture and subsequent insolvency of a joint venturer; damages awarded to the plaintiff in the sum of $1,495,208.71 with interest pursuant to s 1324 of the Corporations Act 2001 (Cth): Cullinane J
Primary JudgmentBS5615 of 2006 (no citation)15 Sep 2011Application regarding defendant's alleged breach of freezing order made by Cullinane J on 13 July 2011; orders made by consent allowing sale of property said to found the breach: North J
QCA Interlocutory Judgment[2011] QCA 25927 Sep 2011Plaintiff filed application for security for costs of the appeal; defendant filed cross-application for stay of execution pending the appeal; security for costs ordered in the amount of $40,000 and cross-application for stay dismissed: M Wilson AJA
QCA Interlocutory Judgment[2012] QCA 509 Feb 2012Plaintiff applied to vacate hearing of the appeal on the basis that defendant was likely to be made bankrupt in the near future; plaintiff's application dismissed: Fraser JA
Notice of Appeal FiledCA No 6056 of 201112 Jul 2011Notice of appeal against [2011] QSC 167 filed by defendant
Appeal Determined (QCA)[2012] QCA 129 [2013] 2 Qd R 2718 May 2012Defendant's appeal against [2011] QSC 167; whether s 1324 of the Corporations Act 2001 (Cth) gave rise to an action for damages; appeal allowed and trial orders set aside; defendant ordered to pay 70 per cent of the plaintiff's costs: Fraser and White JJA and Applegarth J

Appeal Status

Appeal Determined (QCA)

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