Queensland Judgments
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Barker v Linklater[2007] QCA 363

Reported at [2008] 1 Qd R 405
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Editorial Notes

  • Published Case Name:

    Barker v Linklater & Anor

  • Shortened Case Name:

    Barker v Linklater

  • Reported Citation:

    [2008] 1 Qd R 405

  • MNC:

    [2007] QCA 363

  • Court:

    QCA

  • Judge(s):

    Jerrard JA, Muir JA, Douglas J

  • Date:

    26 Oct 2007

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 12530 May 2007Trial of claim for declaratory relief as to the existence of a constructive or resulting trust arising from an alleged de facto relationship; claim pursuant to s 41 Succession Act dismissed, application for declaratory relief dismissed; counterclaim seeking order to vacate premises successful: Lyons J.
Appeal Determined (QCA)[2007] QCA 363 [2008] 1 Qd R 40526 Oct 2007Appeal dismissed with costs; appeal against trial findings on claim for declaration of constructive trust over assets arising from alleged de facto relationship; case for constructive trust not made out; no error in trial judge reversing ruling on deemed admission on pleading of the defence: Jerrard and Muir JJA and Douglas J.

Appeal Status

Appeal Determined (QCA)

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