Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment
  • Appeal Determined (QCA)

Delmenico v Brannelly & Ors[2007] QDC 199

Delmenico v Brannelly & Ors[2007] QDC 199

Please Note: A project is currently underway to digitise this judgment to enhance its onscreen presentation. For now, the original version of this judgment may be viewed onscreen and downloaded as a text-analysed and searchable PDF document. Click here for more information.
Word Highlighter:
Original Version Loading
(as on screen PDF)

Editorial Notes

  • Published Case Name:

    Delmenico v Brannelly & Ors

  • Shortened Case Name:

    Delmenico v Brannelly & Ors

  • MNC:

    [2007] QDC 199

  • Judge(s):

    Forde DCJ

  • Date:

    31 Aug 2007

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QDC 16509 Aug 2007Judgment of trial for damages for misleading and deceptive conduct under the ASIC Act and negligence arising from the giving of financial advice; lent sum of money upon security of promissory notes on recommendation, that ultimately failed and offered no return; judgment for the plaintiff: Forde DCJ.
Primary Judgment[2007] QDC 19931 Aug 2007Costs reasons following judgment on 9 August 2007; defendants pay plaintiffs costs: Forde DCJ.
Primary Judgment[2007] QDC 24410 Oct 2007Application for stay of enforcement of judgment pending appeal; the respondent’s financial position is such that if the judgment moneys are paid over to the respondent and the appeal is successful, the applicant will not be able to get it back; not an appropriate case for a stay to be granted: Koppenol DCJ.
Appeal Determined (QCA)[2008] QCA 7404 Apr 2008Appeals dismissed with costs; appeal against successful claim for misleading and deceptive conduct under the ASIC act and negligence regarding the provision of financial advice; cross-appeal against cost order; no ground of appeal successful and no error in cost discretion: Keane and Fraser JJA and Chesterman J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
Di Carlo v Dubois [2002] QCA 2252 citations
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 3972 citations
NJF Holdings Pty Ltd v De Pasquale Bros Pty Ltd [1999] QSC 3282 citations

Cases Citing

No judgments on Queensland Judgments cite this judgment.

1

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.