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Defendant builder applied under Commercial and Consumer Tribunal Act 2003 (Qld) for order requiring plaintiff to transfer proceeding to Commercial and Consumer Tribunal; whether claim against defendant council within tribunal's jurisdiction; proceeding transferred: Dutney J
Appeal Determined (QCA)
[2005] QCA 134 [2005] 2 Qd R 394
29 Apr 2005
Defendant council appealed against [2004] QSC 363; whether council's role in approving design plans was "tribunal work" within ss 75 and 76 Queensland Building Services Authority Act 1991 (Qld); appeal allowed, order below set aside and costs reserved: McPherson and Williams JJA and Philippides J
Appeal Determined (QCA)
[2005] QCA 242 [2005] 2 Qd R 404
15 Jul 2005
Defendant council applied for order requiring defendant builder to pay costs of appeal and application at first instance; where builder subsequently declared bankrupt; whether costs restricted by s 58(3) Bankruptcy Act 1966 (Cth); defendant builder ordered to pay costs: McPherson and WIlliams JJA and Philippides J
Appeal Status
Appeal Determined (QCA)
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