Australian Aerospace Composites Pty Limited v Cornwell
[2010] QDC 431
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Australian Aerospace Composites Pty Limited v Cornwell[2010] QDC 431
Australian Aerospace Composites Pty Limited v Cornwell[2010] QDC 431
[2010] QDC 431
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 2248 of 2010
AUSTRALIAN AEROSPACE COMPOSITES PTY LIMITED | Plaintiff |
and | |
ANNE MARIE CORNWELL | Defendant |
BRISBANE
DATE 27/10/2010
ORDER
CATCHWORDS | Summary judgment ordered by consent of defendant - otherwise court may have had misgivings that presenting a defence might have compromised the defendant's position in a criminal matter |
HIS HONOUR: The court, by consent, makes an order in terms of the initialled draft.
That's by consent of the parties which alleviates concerns that the court developed upon preliminary consultation of the file in light of decisions such as Hamilton Island Enterprises Ltd v Johnston [2010] QSC 38 which, helpfully, collects a large number of relevant decisions.
The concern that other proceedings might be affected in a way inimical to the defendant's interests is alleviated not only by her (through her lawyers) consenting to this order but by the stage which the other proceeding has reached.
The court accepts from Mr Cameron that it's going to be finalised within weeks in a way consistent with the court's order today which grants a summary judgment to the plaintiff.
Order in terms of the initialled draft.
I might say the court's concern was triggered by reference in the defence to a difficulty that the defendant might have in pleading appropriately by reason of the other proceeding.