King v King
[2010] QCATA 84
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- Unreported Judgment
- Appeal Determined (QCA)
- King v King[2010] QCATA 84Judge Fleur Kingham
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King v King[2010] QCATA 84
King v King[2010] QCATA 84
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Editorial Notes
- Published Case Name:
King v King
- Shortened Case Name:
King v King
- MNC:
[2010] QCATA 84
- Court:
QCATA
- Judge(s):
Judge Fleur Kingham
- Date:
16 Nov 2010
Litigation History
| Event | Citation or File | Date | Notes |
|---|---|---|---|
| Primary Judgment | QCAT (No citation) | 04 May 2010 | The Tribunal terminated a residential tenancy on the basis of a failure to leave despite a claim that the tenant had an equitable interest in the property. |
| Primary Judgment | [2010] QCATA 84 | 16 Nov 2010 | Leave to appeal granted. Decision below stayed pending filing claim in Court in respect equitable claim to be entitled to occupy residental premises: Judge Fleur Kingham, Deputy President. |
| Primary Judgment | DC832/11 (No citation) | 18 Jul 2011 | The plaintiff was the father of the defendants. The defendants had sucessfully obtained an order in QCAT that a tenancy agreement of a residential unit with the plaintiff had terminated. The plaintiff (a bankrupt) applied for a declaration that he had by an agreement with the defendants a tenancy for life. The claim was struck out on the basis that, as a bankrupt, any property had passed to the trustee in bankruptcy and there was no standing. |
| QCA Interlocutory Judgment | [2012] QCA 81 | 03 Apr 2012 | The lawyers for the applicant - Mr King in the Court of Appeal had purported to change the terms of their retainer from pro bono to being able to charge if the appeal was successful and sought costs of the appeal. Application dismissed: Chesterman JA, White JA, M Wilson AJA. |
| Appeal Determined (QCA) | [2012] QCA 39 [2012] 2 Qd R 448 | 06 Mar 2012 | Mr King appealed. Appeal allowed. Mr King had an arguable claim that his right to occupy the unit was a personal right or privilege, not a right of property capable of realisation for the benefit of his creditors. No order as to costs: Chesterman JA, White JA, M Wilson AJA. |
Appeal Status
Appeal Determined (QCA)
Cases Cited
| Case Name | Full Citation | Frequency |
|---|---|---|
| Alexander & Ors v Cambridge Credit Corporation Ltd | (1985) 2 NSWLR 685 | 2 citations |
Cases Citing
| Case Name | Full Citation | Frequency |
|---|---|---|
| Body Corporate for Parkwood Villas v Queensland Building and Construction Commission | [2015] QCATA 139 | 2 citations |
| Du v INA Operations Pty Ltd | [2024] QCATA 33 | 1 citation |
| Fleger v Joubert | [2024] QCATA 13 | 4 citations |
| Gubier v Queensland Department of Housing and Public Works | [2019] QCATA 4 | 2 citations |
| Hobson v Grant | [2025] QCATA 63 | 2 citations |
| Jesberg v Jesberg | [2021] QCAT 314 | 5 citations |
| JM Kelly (Project Builders) Pty Ltd v Queensland Building Services Authority | [2011] QCAT 60 | 1 citation |
| Jones v Jones | [2023] QCATA 30 | 2 citations |
| Joubert v Fleger | [2023] QCAT 382 | 3 citations |
| Palmer v Madrone Pty Ltd | [2025] QCATA 56 | 2 citations |
| Stainley v Harris & Anor | [2020] QCAT 382 | 1 citation |