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Application by consent to determine separate questions arising from contract dispute involving building of commercial and residential building; finding that there was a compromise of rights under the contract through a settlement subject to right of repudiation arising from unconscionable conduct or duress; agreement was entered into as a result of unconscionable conduct and duress: Ambrose J
Primary Judgment
[2003] QSC 179
12 Jun 2003
Deciding costs of [2003] QSC 86; where offer to settle made; defendant pay plaintiff's costs to answer questions on the indemnity basis: Ambrose J
Primary Judgment
[2006] QSC 198
18 Aug 2006
Plaintiff and Defendant each applied to strike out respective pleadings; paragraphs of statement of claim struck out and application to strike out defence dismissed: Chesterman J
Primary Judgment
[2010] QSC 243
08 Jul 2010
Rehearing of separate question regarding unconscionability and economic duress with respect to compromise of the building contract; finding that no coercion, duress, misrepresentation or unconscionable conduct: Douglas J
Appeal Determined (QCA)
[2003] QCA 526
28 Nov 2003
Defendant appealed against [2003] QSC 86; whether or not compromise induced by economic coercion or duress; appeal allowed, determination of separate question set aside and to be determined again by another judge: McPherson JA, Mackenzie and Wilson JJ
Appeal Determined (QCA)
[2003] QCA 573
19 Dec 2003
Defendant applied to amend orders made in [2003] QCA 526 regarding costs; application dismissed: McPherson JA, Mackenzie and Wilson JJ
Appeal Determined (QCA)
[2007] QCA 74
16 Mar 2007
Plaintiff appealed against [2006] QSC 198; appeal dismissed with costs: de Jersey CJ, Keane JA and Mullins J
Appeal Determined (QCA)
[2011] QCA 98
13 May 2011
Plaintiff appealed against [2010] QSC 243; appeal dismissed with costs and parties ordered to file submissions on whether to transfer proceeding to Magistrates Court: Fraser and Chesterman JJA and A Lyons J
Appeal Determined (QCA)
[2011] QCA 118
03 Jun 2011
Proceeding transferred to Magistrates Court: Fraser and Chesterman JJA and A Lyons J
Appeal Status
Appeal Determined (QCA)
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