Compass Marinas Australia Pty Ltd v State of Queensland
[2021] QCA 293
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Litigation arising out of development at Scarborough Boat Harbour; state sued developer and guarantor for unpaid rent under lease agreement; defendants, relying on representation that rent charged under lease agreement was commercial rent, pleaded estoppel and set-off against counterclaim for damages for deceit and misleading and deceptive conduct; judgment for state: Dalton J.
Appeal Determined (QCA)
[2021] QCA 293 (2021) 9 QR 703
23 Dec 2021
Defendants’ appeal from [2020] QSC 375 dismissed with costs; challenges to failure of estoppel defence and primary judge’s failure to separately consider guarantor’s misleading and deceptive conduct claim rejected: Bond JA (Sofronoff P and Morrison JA agreeing).
Special Leave Refused (HCA)
[2022] HCASL 91
05 May 2022
Application for special leave to appeal from [2021] QCA 293 dismissed; application not an appropriate vehicle to consider issues of principle raised: Gordon and Edelman JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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