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Applicant sought declarations that it held equitable charge over first respondent's property in priority to second respondent's mortgage; where first respondent's director also director of another company; whether charge granted on behalf of first respondent; application dismissed: Helman J
Appeal Determined (QCA)
[2003] QCA 204
23 May 2003
Applicant appealed against [2002] QSC 86; where first respondent's ownership of charged land not disclosed to applicant; trial judge's finding open on the evidence; appeal dismissed: M McMurdo P, Jerrard JA and Mullins J
Appeal Determined (QCA)
[2003] QCA 489
06 Nov 2003
Applicant applied for stay of costs orders in [2002] QSC 86 and [2003] QCA 204 pending application for special leave to appeal to the High Court; where prospects of success poor and limited prejudice to applicant; application for stay of execution dismissed with costs: Davies JA
Appeal Determined (QCA)
[2006] QCA 510
01 Dec 2006
Matter remitted per [2005] HCA 13; timetabling directions made: M McMurdo P
Special Leave Granted (HCA)
[2004] HCATrans 382
08 Oct 2004
Applicant applied for special leave to appeal against [2003] QCA 204; whether necessary to clarify principle in Taylor v Johnson in cases of mistake; special leave to appeal granted: McHugh, Gummow and Callinan JJ
HCA Judgment
[2005] HCA 13; (2005) 214 ALR 392; (2005) 79 ALJR 825; (2005) Aust Contract R 90-209; (2005) Q ConvR 54-621
05 Apr 2005
Applicant appealed against [2003] QCA 204; whether reasonable person would have understood director as acting on behalf of first respondent; appeal allowed with costs, orders in [2002] QSC 86 set aside and matter remitted to Court of Appeal to determine issue of priority with second defendant's mortgage: Gleeson CJ, McHugh, Gummow, Hayne and Heydon JJ
Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
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