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Herrod v Johnston[2012] QCA 360

Reported at [2013] 2 Qd R 102
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Editorial Notes

  • Published Case Name:

    Herrod & Ors v Johnston & Anor

  • Shortened Case Name:

    Herrod v Johnston

  • Reported Citation:

    [2013] 2 Qd R 102

  • MNC:

    [2012] QCA 360

  • Court:


  • Judge(s):

    Muir JA, Gotterson JA, Applegarth J

  • Date:

    18 Dec 2012

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2012] QSC 9818 Apr 2012The Court ordered that the agreement entered into by each plaintiff to forego her interest in the estate of her deceased father in a partnership was unenforceable and should be set aside. The Court made a declaration that each of the defendants breached his or her fiduciary duty to each plaintiff and each respondent was entitled at her election to an account of profits or equitable compensation: de Jersey CJ.
Primary Judgment[2012] QSC 10726 Apr 2012Costs orders in favour of the plaintiffs: de Jersey CJ.
Primary Judgment[2012] QCA 360 [2013] 2 Qd R 10218 Dec 2012Appeal allowed. The amount of assessed equitable compensation was reduced from $433,709.67 to $273,851: Muir and Gotterson JJA and Applegarth J.
QCA Interlocutory Judgment[2013] QCA 18412 Jul 2013The respondents’ application for variation of the orders of 18 December 2012 and the appellants’ application for a costs order were refused: Muir and Gotterson JJA and Applegarth J.
Appeal Determined (QCA)[2012] QCA 36118 Dec 2012Appeal in respect of the costs orders made in [2012] QSC 107 dismissed with costs: Muir and Gotterson JJA and Applegarth J.

Appeal Status

Appeal Determined (QCA)

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