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CITE
Unreported Judgment
Appeal Determined (QCA)
Crystal Creek Pty Ltd v Cairns City Council[2001] QSC 9Jones J
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Editorial Notes
Published Case Name:
Crystal Creek Pty Ltd v Cairns City Council
Shortened Case Name:
Crystal Creek Pty Ltd v Cairns City Council
MNC:
[2001] QSC 9
Court:
QSC
Judge(s):
Jones J
Date:
07 Feb 2001
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2001] QSC 9
07 Feb 2001
Plaintiff applied under r 389 of UCPR for leave to proceed, no step having occurred for more than two years, in action for repayment of monies paid by mistake; adequate explanation for delay given; leave to proceed granted and plaintiff ordered to pay costs of the application: Jones J
Primary Judgment
SC No 164 of 1995 (no citation)
06 Nov 2002
Defendant applied to strike out allegation in statement of claim that defendant "knew or ought to have known" charges were not lawfully exacted; whether constructive knowledge relevant to doctrine of unjust enrichment; application dismissed: Jones
Appeal Determined (QCA)
[2003] QCA 318
24 Jul 2003
Defendant appealed against order dismissing strike-out application; whether primary judge erred in exercising discretion; where area of law still developing and no obvious prejudice to trial; appeal dismissed with costs reserved: de Jersey CJ, Mackenzie and Helman JJ
