Queensland Judgments
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MSD Securities Pty Ltd v MFB Properties (NQ) Pty Ltd[2016] QSC 261

Reported at [2017] 2 Qd R 279

MSD Securities Pty Ltd v MFB Properties (NQ) Pty Ltd[2016] QSC 261

Reported at [2017] 2 Qd R 279
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Editorial Notes

  • Published Case Name:

    MSD Securities Pty Ltd & Ors v MFB Properties (NQ) Pty Ltd & Ors

  • Shortened Case Name:

    MSD Securities Pty Ltd v MFB Properties (NQ) Pty Ltd

  • Reported Citation:

    [2017] 2 Qd R 279

  • MNC:

    [2016] QSC 261

  • Court:

    QSC

  • Judge(s):

    Flanagan J

  • Date:

    15 Nov 2016

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2016] QSC 261 [2017] 2 Qd R 27915 Nov 2016Both purchasers and vendors sought specific performance of contracts concerning land and associated resort business; dispute concerning the amount which the purchasers should be required to pay to the vendors upon completion determined in favour of the defendants: Flanagan J.
Primary JudgmentSC13256/16 (No Citation)28 Nov 2016Order that all contracts be specifically performed; plaintiffs required to pay to the defendants on or before 19 December 2016, the amount of $1,988,412.82 and defendants required to deliver up transfers and releases: Flanagan J.
Primary Judgment[2017] QSC 168 [2018] 2 Qd R 5118 Aug 2017Originating application to release purchasers from the specific performance orders of Flanagan J on 28 November 2016 granted; declarations that relevant contracts terminated; inquiry ordered to determine amounts of mortgage repayments and occupation rent and refund of balance to applicants: Bond J.
Primary Judgment[2017] QSC 28228 Nov 2017Amended form of orders from [2017] QSC 168: Bond J.
Primary Judgment[2017] QSC 28428 Nov 2017Costs Judgment from [2017] QSC 168: Bond J.
Notice of Appeal FiledFile Number: 9085/1706 Sep 2017Appeal from [2017] QSC 168.
Appeal Determined (QCA)[2018] QCA 259 [2019] 3 Qd R 109 Oct 2018Appeal allowed; orders made by Bond J ([2017] QSC 168 ; [2018] 2 Qd R 51) set aside; costs orders made by Bond J ([2017] QSC 284) set aside; cross-appeal dismissed; orders made by Bond J on 11 December 2017 set aside; matter remitted to trial division to permit implementation and enforcement of order of Flanagan J made on 28 November 2016: Sofronoff P and Morrison and McMurdo JJA.
Application for Special Leave (HCA)File Number: B55/1806 Nov 2018-
Special Leave Refused (HCA)[2019] HCASL 4413 Mar 2019Application for special leave refused: Gordon and Edelman JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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