Queensland University of Technology v Project Constructions (Aust) Pty Ltd (In Liq)
[2002] QCA 224
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Defendants applied for summary judgment against plaintiff's claim; where plaintiff sought restitution of payment made to defendants under building contract due to suspension of first defendant's building licence; whether claim disclosed no reasonable cause of action; defendant's application dismissed
Appeal Determined (QCA)
[2002] QCA 224 [2003] 1 Qd R 259
25 Jun 2002
Defendants appealed against primary decision; whether primary judge erred in finding plaintiff had some prospect of success; whether building contract permitted plaintiff to withhold payment to defendants; appeal allowed and judgment for the defendants: Holmes J (Davies JA and Mullins J agreeing)
Appeal Status
Appeal Determined (QCA)
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