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R J Neller Building Pty Ltd v Ainsworth[2008] QCA 397

Reported at [2009] 1 Qd R 390

R J Neller Building Pty Ltd v Ainsworth[2008] QCA 397

Reported at [2009] 1 Qd R 390
CITATION: R J Neller Building Pty Ltd v Ainsworth [2008] QCA 397
JUDGE(S): Keane JA, Fraser JA, Fryberg J
DELIVERED ON: 09 December 2008
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Editorial Notes

  • Published Case Name:

    R J Neller Building P/L v Ainsworth

  • Shortened Case Name:

    R J Neller Building Pty Ltd v Ainsworth

  • Reported Citation:

    [2009] 1 Qd R 390

  • MNC:

    [2008] QCA 397

  • Court:

    QCA

  • Judge(s):

    Keane JA, Fraser JA, Fryberg J

  • Date:

    09 Dec 2008

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2008] QDC 12925 Jun 2008Interlocutory application for stay of enforcement warrant from arbitration decision; discretion to grant stay not exercised; application dismissed: Dodds DCJ
Primary Judgment[2008] QDC 19914 Aug 2008Question whether plaintiff was a resident owner for purposes of Building and Construction Industry Payments Act 2004 be determined separately: Robin DCJ
Primary Judgment[2008] QDC 22120 Aug 2008Costs of application and of [2008] QDC 199 reserved: Robin DCJ
Primary Judgment[2008] QDC 27203 Nov 2008Plaintiff was a resident owner within the meaning of the Building and Construction Industry Payments Act 2004: Robin DCJ
Primary Judgment[2009] QDC 2620 Feb 2009This application followed the decisions in [2008] QDC 272 and [2009] 1 QD R 390; application to stay warrant of execution declined: Kingham DCJ
Appeal Determined (QCA)[2009] 1 Qd R 39009 Dec 2008Application for leave to appeal interlocutory decision of Dodds DCJ [2008] QDC 129 under s 118(3) District Court of Queensland Act 1967; decision of Dodds DCJ was to refuse to stay enforcement warrant; application for leave to appeal and application to amend notice of appeal struck out; application under r 800 UCPR refused: Keane and Fraser JJA and Fryberg J

Appeal Status

Appeal Determined (QCA)

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