Garmin Australasia Pty Ltd v B & K Holdings (Qld) Pty Ltd [2018] QCA 353
18-12-18 / Michael Trim, Mei Barnes — Appellate, Contract
An appeal against a decision not to award summary judgment. The issue was whether the Appellant was entitled to bring an action for the price of goods under a contract of sale, or was limited to an action for damages for breach of contract. The appeal was allowed in part.…
The Australian Securities and Investments Commission (“ASIC”) brought a civil penalty case against MFS Investment Management Ltd (“MFSIM”) and various directors, officers and employees of the MFS Group of companies. The primary judge found that MFSIM, the responsible entity for the Premium Income Fund (“PIF”), caused payments of $130 million…
Coast Corp Pacific Pty Ltd v Stockland Development Pty Ltd [2018] QSC 305
17-12-18 / David Chesterman KC, Sean Russell — Contract, Land Law & Property
In this matter the plaintiff purchased land and entered in to a contract with the defendant whereby the contract provided that defendant was to construct stormwater discharge points. The contract provided that upon construction of the discharge points the plaintiff would be entitled to discharge stormwater through “future stormwater retention basin and…
China First Pty Ltd & Anor v Mount Isa Mines Limited & Ors [2018] QCA 350
14-12-18 / Roger Traves KC, Stewart Webster KC — Appellate, Contract
This appeal related to a proceeding commenced by a major mining entity in relation to equipment located at the Port of Townsville. The question in the appeal was whether two chargees of the equipment (the appellants) were necessary parties to the proceeding at first instance. The appeal was dismissed. Roger…
14-12-18 / Damian Clothier KC, Nicholas Andreatidis KC — Resources & Energy, Land Law & Property, Contract
A re-opening of a mining lease compensation hearing. Leave to reopen was given following the resumption of part of the subject land. Damian Clothier QC and Nicholas Andreatidis QC appeared for the respondent, instructed by Allens. The judgment can be viewed here.
