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Colston v McMullen[2010] QSC 292

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Editorial Notes

  • Published Case Name:

    Colston v McMullen

  • Shortened Case Name:

    Colston v McMullen

  • MNC:

    [2010] QSC 292

  • Court:

    QSC

  • Judge(s):

    White J

  • Date:

    06 Aug 2010

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2010] QSC 29206 Aug 2010Plaintiff applied for orders seeking removal of the defendant as executor and trustee of his parents' estate and family trust (12943/08); defendant applied to dismiss the proceeding; application allowed and proceeding dismissed with costs: White J
Primary Judgment[2011] QSC 6031 Mar 2011Plaintiff commenced two further proceedings (12108/10 and 12109/10) against the defendant seeking similar relief to that dismissed in [2010] QSC 292; defendant applied to strike out parts of those claims; substantial parts of plaintiff's claim struck out: P McMurdo J
Primary JudgmentSC No 12108 of 2010 and SC No 12109 of 2010 (no citations)19 Jul 2011Plaintiff applied for various interlocutory orders, including adding two respondents, leave to deliver an amended statement of claim and directions to restore certain trust property; applications dismissed: Douglas J
QCA Interlocutory Judgment[2011] QCA 204 Feb 2011Plaintiff applied for stay of orders made in [2010] QSC 292 pending determining of his appeal; application dismissed with costs and plaintiff ordered to file and serve an amended notice of appeal complying with rule 747 of the Uniform Civil Procedure Rules 1999 (Qld): Muir JA
Appeal Determined (QCA)[2011] QCA 22709 Sep 2011Plaintiff appealed against orders made in [2011] QSC 60; appeal dismissed: Chesterman JA, M Wilson AJA and North J
Appeal Determined (QCA)[2011] QCA 16415 Jul 2011Plaintiff appealed against [2010] QSC 292 and applied to adduce further evidence at the hearing of the appeal; leave to adduce further evidence refused and appeal dismissed: M McMurdo P, Fraser JA and Martin J
Appeal Determined (QCA)[2012] QCA 10920 Apr 2012Plaintiff appealed against the orders of Douglas J made on 19 July 2011 and sought leave to adduce additional evidence at the hearing of his appeal; leave to adduce additional evidence granted and appeal allowed: de Jersey CJ, P Lyons J and Dalton J

Appeal Status

Appeal Determined (QCA)

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