Andrew O’Brien KC appeared for the appellants, instructed by McKays Solicitors.
This case concerned an appeal by Meridien against the decision that the respondent (Karamist) obtain relief against forfeiture pursuant to s 124 of the Property Law Act 1974 (Qld), concerning the subleases of two berths in Airlie Beach, Queensland. The appellants contended that in granting the relief, the trial judge erred in law (or misdirected himself) by failing to give adequate reasons for his decision to grant relief. It was also contended that the trial judge had found against the weight of the evidence, where there was insufficient evidence to support Karamist’s application for relief against forfeiture being granted. The Court concluded that analysis of the primary judge’s decision does not suggest he misdirected himself, and that the trial judge sufficiently considered the evidence, indicating that which he was relying on. Both grounds of appeal failed, and the appeal was dismissed with costs.
The judgment can be read by clicking here
