In two separate appeals, Clive Palmer and a number of his companies sought to overturn freezing orders made against them by Bond J, in proceedings concerned with the liquidation of Queensland Nickel. The Court of Appeal (Fraser, Gotterson and McMurdo JJA) dismissed the appeals. Matthew Hickey (led by Tom Sullivan…
Wellington v Huaxin Energy (Aust) Pty Ltd (formerly Cuesta Coal Limitted) [2019] QSC 18
10-2-19 / Damian Clothier QC — Contract, Resources & Energy, Land Law & Property
The plaintiffs were claiming damages for breach of contract or a declaration that the contract was still on foot and capable of future performance. The proceeding arised from the sale by the first and second plaintiffs, Owen Reginald and Roxanne Wellington, and Ronald Fox, (who was later replaced by the…
Suncorp-Metway Ltd ABN 66 010 831 722 v Nagatsuma & Anor [2019] QSC 16
7-2-19 / Damian Clothier QC — Land Law & Property, Banking
The applicant, a bank as mortgagee, was applying for possession of a property. The respondents suggested there had been no default and claimed the mortgagee had no entitlement to possession of the property. The respondents also made allegations of fraud or misconduct by an employee of the bank causing the second…
Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Limited; Wiggins Island Coal Export Terminal Pty Limited v Civil Mining & Construction Pty Ltd [2019] QCA 12
6-2-19 / Shane Doyle QC, Stewart Webster, James Green — Contract, Building & Construction, Judicial Review & Administrative
A matter concerning delayed construction of works for a coal export terminal. The Court considered whether the contract prescribed specific rates to be applied in determining the value of the delay costs of the contractor, whether evidence tendered at trial was properly admitted and relied on by the trial judge…
The central task of the Royal Commission was to inquire into, and report on, whether any conduct of financial services entities might have amounted to misconduct and whether any conduct, practices, behaviour or business activities by those entities fell below community standards and expectations. The final report was submitted to…
