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Lu v Petrou[2011] QCA 226

CITATION: Lu v Petrou [2011] QCA 226
JUDGE(S): Fraser JA, Chesterman JA, M Wilson AJA
DELIVERED ON: 09 September 2011
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Editorial Notes

  • Published Case Name:

    Lu v Petrou & Ors

  • Shortened Case Name:

    Lu v Petrou

  • MNC:

    [2011] QCA 226

  • Court:

    QCA

  • Judge(s):

    Fraser JA, Chesterman JA, M Wilson AJA

  • Date:

    09 Sep 2011

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC No 12700 of 2009 (no citation)22 Jan 2010Plaintiff commenced proceedings alleging that the first defendant had committed improper acts against her resulting in the decline of her business and alleging that the Queensland Police and Federal Police covered those activities up; defendants applied to strike out the proceeding; proceeding dismissed by consent: M Wilson J
Primary JudgmentSC No 12700 of 2009 (no citation)10 Mar 2010Plaintiff applied to set aside the consent order of M Wilson J dated 22 January 2010; plaintiff's application dismissed: A Lyons J
Primary Judgment[2010] QSC 14716 Apr 2010Plaintiff commenced fresh proceedings (SC No 2538 of 2010) in substantially similar terms to SC No 2538 of 2010; plaintiff applied to set the proceeding down for trial; defendants cross-applied to strike proceeding out; plaintiff's application dismissed and statement of claim struck out with leave to replead: Fryberg J
Primary JudgmentSC No 2538 of 2010 (no citation)15 Jun 2010Further to [2010] QSC 147, plaintiff filed an amended claim and statement of claim and applied for a speedy trial by jury which the defendants opposed; plaintiff's application for speedy trial dismissed: P Lyons J
Primary JudgmentSC No 2538 of 2010 (no citation)06 Oct 2010Plaintiff filed a further amended statement of claim and applied to dispense with the defendants' signature on a request for trial date; plaintiff's application dismissed: Mullins J
Primary JudgmentSC No 2538 of 2010 (no citation)15 Oct 2010Defendants applied to strike out the plaintiff's proceeding (SC No 2538 of 2010); application allowed, plaintiff's proceeding be struck out for non-compliance with the pre-court procedures of the Personal Injuries Proceedings Act 2002 and as an abuse of the process of the Court: Mullins J
Primary JudgmentSC No 2538 of 2010 (no citation)25 Oct 2010Plaintiff applied to set aside the order of Mullins J made on 15 October 2010 striking out the plaintiff's proceeding; application dismissed: Daubney J
Primary Judgment[2011] QSC 5728 Mar 2011Plaintiff commenced fresh proceedings (SC No 1163 of 2010) in substantially similar terms to her previous proceedings; defendants applied, inter alia, for orders striking out the proceeding; ordered that the action be permanently stayed pursuant to the Court's inherent jurisdiction as an abuse of process: Philippides J
Appeal Determined (QCA)[2011] QCA 22609 Sep 2011Plaintiff appealed [2011] QSC 57 and applied for extensions of time to appeal against orders made by Mullins J on 15 October 2010 and Daubney J on 25 October 2010; appeal dismissed, applications for extensions of time dismissed and plaintiff ordered to pay costs on the indemnity basis: Fraser JA, Chesterman JA and M Wilson AJA
Special Leave Refused (HCA)[2012] HCASL 209 Feb 2016Plaintiff's application for special leave to appeal against [2011] QCA 226 dismissed: Hayne and Crennan JJ

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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