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Sand & Surf Design Pty Ltd v Surrey & Anor[2014] QCATA 225

Sand & Surf Design Pty Ltd v Surrey & Anor[2014] QCATA 225

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Editorial Notes

  • Published Case Name:

    Sand & Surf Design Pty Ltd v Surrey & Anor

  • Shortened Case Name:

    Sand & Surf Design Pty Ltd v Surrey & Anor

  • MNC:

    [2014] QCATA 225

  • Court:

    QCATA

  • Judge(s):

    Senior Member Oliver, Member Dr Cullen

  • Date:

    22 Aug 2014

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2014] QCAT 15117 Apr 2014Sand and Surf Design sought: a declaration that a building contract was unlawfully terminated by the Surreys and lawfully terminated by it, and damages arising from the Surreys’ alleged unlawful termination. The Surreys filed a response and counter-application asserting their entitlement to terminate the contract and sought damages. The Tribunal refused to make the declaration: Member Gardiner.
Primary Judgment[2014] QCATA 22522 Aug 2014Insofar as leave to appeal was necessary it was granted. Decision below set aside. Declaration that Sand and Surf Design had lawfully terminated the contract: Senior Member Oliver, Member Dr Cullen.
Appeal Determined (QCA)[2015] QCA 27415 Dec 2015Application for leave to appeal refused. Applicants to pay the respondent’s costs: Holmes CJ, Douglas J, North J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
Carr v J.A. Berriman Pty. Ltd. (1953) 89 C.L.R., 3271 citation
Filmana Pty Ltd v Tynan [2013] QCA 2562 citations
Foran v Wight (1989) 168 CLR 3852 citations
Fox v Percy (2003) 214 CLR 1181 citation

Cases Citing

Case NameFull CitationFrequency
Davis v Gray [2018] QCATA 1472 citations
Finegan v Mann [2018] QCATA 322 citations
Monsour v C & R Darvill Pty Ltd [2023] QCAT 622 citations
Surrey v Sand and Surf Design Pty Ltd [2015] QCA 2742 citations
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