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Abacus Funds Management Ltd v Nethurst Pty Ltd[2003] QCA 423

Reported at [2004] 1 Qd R 459

Abacus Funds Management Ltd v Nethurst Pty Ltd[2003] QCA 423

Reported at [2004] 1 Qd R 459
CITATION: Abacus Funds Management Ltd v Nethurst Pty Ltd [2003] QCA 423
JUDGE(S): McMurdo P, Muir J, Holmes J
DELIVERED ON: 26 September 2003
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Editorial Notes

  • Published Case Name:

    Abacus Funds Management Ltd v Nethurst P/L & Anor

  • Shortened Case Name:

    Abacus Funds Management Ltd v Nethurst Pty Ltd

  • Reported Citation:

    [2004] 1 Qd R 459

  • MNC:

    [2003] QCA 423

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Muir J, Holmes J

  • Date:

    26 Sep 2003

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2002] QSC 41020 Nov 2002Defendants applied for extension of time within which to serve counterclaim; where proposed counterlcaim sought injunction under s 80 of the Trade Practices Act (Cth); where no nexus to contravening conduct; application dismissed: Wilson J
Primary Judgment[2002] QSC 40106 Dec 2002Plaintiff applied for summary judgment against defendants for amount of $548,364.59; where defendant's appeal against order of Wilson J pending; plaintiff's application adjourned to date to be fixed upon defendants' undertaking to prosecute appeal Mullins J
Appeal Determined (QCA)[2003] QCA 423 [2004] 1 Qd R 45926 Sep 2003Defendants appealed against [2002] QSC 410; whether defendants had arguable claim; whether nexus between contravening conduct and injunction under s 80 required; appeal dismissed with costs: M McMurdo P, Muir and Holmes JJ

Appeal Status

Appeal Determined (QCA)

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