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Thomas v Octobay Pty Ltd[2013] QCA 321

Thomas v Octobay Pty Ltd[2013] QCA 321

CITATION: Thomas v Octobay Pty Ltd [2013] QCA 321
JUDGE(S): Gotterson JA, Morrison JA, McMeekin J
DELIVERED ON: 25 October 2013
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Editorial Notes

  • Published Case Name:

    Thomas v Octobay Pty Ltd as Trustee for the FNQ Mezz Trust

  • Shortened Case Name:

    Thomas v Octobay Pty Ltd

  • MNC:

    [2013] QCA 321

  • Court:

    QCA

  • Judge(s):

    Gotterson JA, Morrison JA, McMeekin J

  • Date:

    25 Oct 2013

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2012] QSC 36219 Nov 2012The plaintiff applied for summary judgment on a claim under a guarantee and on the defendant's counterclaim. The Court declined to grant summary judgment on the plaintiff's claim, allowed summary judgment to a limited extent on the counterclaim conditional upon the defendant providing security of $270,000. In default, the plaintiff could enter judgment for the amount claimed: Jackson J.
QCA Interlocutory Judgment[2013] QCA 32125 Oct 2013Applications for an extension of time within which to appeal; a stay of enforcement of the judgment entered; that the order of the primary judge imposing the condition that he provide security be set aside; and that the matter be remitted back to the trial division, all dismissed: Gotterson JA, Morrison JA, McMeekin J.

Appeal Status

No Status

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