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Plaintiff sought refund of call option fee and deposit paid pursuant to a put and call option on the basis that defendant failed to comply with Property Agents and Motor Dealers Act 2000 (Qld); defendant counterclaimed for the shortfall on the resale of the land; plaintiff entitled to refund of deposit with interest: Mullins J
QCA Interlocutory Judgment
[2012] QCA 159 [2013] 1 Qd R 204
15 Jun 2012
Application pursuant to r 388 of the Uniform Civil Procedure Rules 1999 to set aside the orders made on 16 September 2011 and 14 October 2011, for the defendant's appeal to be dismissed with costs or, alternatively, for the proceeding to be remitted to the trial division, on the basis that the Court failed to consider contentions in the pleadings as a result of senior counsel's accidental omission to refer to relevant paragraphs; plaintiff's application dismissed: Fraser JJA, Philippides J
QCA Interlocutory Judgment
[2011] QCA 287
14 Oct 2011
Further orders on the question of costs requiring the plaintiff to pay the defendant's costs of primary proceeding, excluding the costs of the trial, on the standard basis and awarding the defendant an indemnity certificate in respect of the appeal pursuant to s 15(1) of the Appeal Costs Fund Act 1973 (Qld): Fraser and Chesterman JJA and Philippides J
Allowing the defendant's appeal, setting aside the orders at first instance and giving judgment for the defendant on her counterclaim for $2,100,000 as damages for breach of contract: Fraser and Chesterman JJA and Philippides J
Special Leave Refused (HCA)
[2012] HCASL 132
15 Aug 2012
Plaintiff applied for special leave to appeal against [2011] QCA 240; application dismissed: Gummow and Kiefel JJ
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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