MSD Securities Pty Ltd v MFB Properties (NQ) Pty Ltd (No 3)
[2017] QSC 282
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MSD Securities Pty Ltd v MFB Properties (NQ) Pty Ltd (No 3) [2017] QSC 282
JUDGE(S):
Bond J
DELIVERED ON:
28 November 2017
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Editorial Notes
Published Case Name:
MSD Securities Pty Ltd & ors v MFB Properties (NQ) Pty Ltd & ors (No 3)
Shortened Case Name:
MSD Securities Pty Ltd v MFB Properties (NQ) Pty Ltd (No 3)
MNC:
[2017] QSC 282
Court:
QSC
Judge(s):
Bond J
Date:
28 Nov 2017
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2016] QSC 261 [2017] 2 Qd R 279
15 Nov 2016
Both 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 Judgment
SC13256/16 (No Citation)
28 Nov 2016
Order 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 51
18 Aug 2017
Originating 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 282
28 Nov 2017
Amended form of orders from [2017] QSC 168: Bond J.
Primary Judgment
[2017] QSC 284
28 Nov 2017
Costs Judgment from [2017] QSC 168: Bond J.
Notice of Appeal Filed
File Number: 9085/17
06 Sep 2017
Appeal from [2017] QSC 168.
Appeal Determined (QCA)
[2018] QCA 259 [2019] 3 Qd R 1
09 Oct 2018
Appeal 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: B55/18
06 Nov 2018
-
Special Leave Refused (HCA)
[2019] HCASL 44
13 Mar 2019
Application for special leave refused: Gordon and Edelman JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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