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Fielding v Dushas[2013] QCA 55

Reported at [2013] 2 Qd R 416
CITATION: Fielding v Dushas [2013] QCA 55
JUDGE(S): McMurdo P, White JA, Daubney J
DELIVERED ON: 22 March 2013
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Editorial Notes

  • Published Case Name:

    Andrew Fielding as Liquidator of Lyngray Developments Pty Ltd v Dushas

  • Shortened Case Name:

    Fielding v Dushas

  • Reported Citation:

    [2013] 2 Qd R 416

  • MNC:

    [2013] QCA 55

  • Court:

    QCA

  • Judge(s):

    McMurdo P, White JA, Daubney J

  • Date:

    22 Mar 2013

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2012] QDC 9611 May 2012Application by a liquidator for repayment of 22 payment made by a company to a director and spouse on the basis that each is voidable as an unreasonable director-related transaction. Application dismissed: Newton DCJ.
Primary Judgment[2012] QDC 24230 Aug 2012No order as to costs: Newton DCJ.
Primary JudgmentDC3517/08 (No Citation)08 Oct 2012Leave to appeal costs order of Newton DCJ granted.
Appeal Determined (QCA)[2013] QCA 55 [2013] 2 Qd R 41622 Mar 2013In the substantive appeal 5098/12, the appeal allowed and ordered directing repayment made. In the costs appeal an application for extension of time within which to appeal was refused: Margaret McMurdo P and White JA concurring and Daubney J dissenting in part.
Appeal Determined (QCA)[2013] QCA 8516 Apr 2013As the liquidator was successful in overturning the primary judge's order refusing his application, the discretion as to costs of that proceeding had to be re-exercised. As a result, Ms Dushas' application to extend time in in the costs appeal was refused. The liquidator granted costs of that application in the primary proceeding and on appeal on the standard basis.: Margaret McMurdo P and White JA, Daubney J.

Appeal Status

Appeal Determined (QCA)

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