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Walsh v South Sky Investments Pty Ltd [2012] QCA 162
JUDGE(S):
McMurdo P, Muir JA, M Wilson J
DELIVERED ON:
15 June 2012
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Editorial Notes
Published Case Name:
Walsh & Anor v South Sky Investments Pty Ltd
Shortened Case Name:
Walsh v South Sky Investments Pty Ltd
MNC:
[2012] QCA 162
Court:
QCA
Judge(s):
McMurdo P, Muir JA, M Wilson J
Date:
15 Jun 2012
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2011] QSC 361
02 Dec 2011
Proceedings concerned eight "off the plan" contracts to purchase lots in a development on the Gold Coast. Some applicants cancelled their contracts relying on inaccurate disclosure statements. Other applicants claimed the developer had repudiated the contracts and sought a declaration that the contracts were validly terminated and for return of their deposits. The developer sought specific performance of the contracts, interest and damages. Judgment for the respondent developer: Applegarth J.
QCA Interlocutory Judgment
[2012] QCA 11
15 Feb 2012
The eight appellants were ordered to provide security for the respondent's costs of the appeal: Muir JA.
QCA Interlocutory Judgment
[2012] QCA 162
15 Jun 2012
Six of the appellants proceeded with their appeals. Appeals dismissed with indemnity costs: McMurdo P, Muir JA, M Wilson J.
Appeal Determined (QCA)
[2012] QCA 161
15 Jun 2012
The appellants in CA11909/11 did not provide security for costs with the consequence that it was stayed. As there had been no indication that the security could or would be provided and as all other appeals involving the same issues as raised in 11909/11 were decided against all those appellants, 11909/11 was also be dismissed: McMurdo P, Muir JA, M Wilson J.
Appeal Status
Appeal Determined (QCA)
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