Damian Clothier KC and Jason Mitchenson appeared for the applicant, instructed by Piper Alderman. This case involved an application by the Joint Venture Testamentary Trust (JVTT) seeking directions, in the nature of judicial advice and pursuant to s 96(1) of the Trusts Act 1973 (Qld), regarding an issue as to…
30-3-22 / Damian Clothier KC, Stewart Webster KC — Commercial Equity, Land Law & Property
This proceeding involved claims for constructive trusts by the daughter-in-law of a Greek immigrant couple, based on promises alleged to have been made over 30 years ago. The defendant, the executor of the mother’s estate, counterclaimed for sums arising from rent and trust distributions it was alleged had been improperly…
1-10-21 / Damian Clothier KC, Matthew Hickey OAM KC, Andrew O'Brien — Contract, Land Law & Property, Commercial Equity
Damian Clothier KC with Andrew O'Brien appeared for the successful first defendant. Matthew Hickey OAM KC (with Catherine Chiang) appeared for the unsuccessful plaintiff. A dispute arose between parties to a deed of agreement, as to whether the deed required a payment for the release of mortgages to be made…
These were further applications in the matter of Equititrust Limited v Tucker and Others. The defendants sought to summarily dismiss parts, or all, of the plaintiff’s claim, by striking out parts of the further amended statement of claim, without leave to replead, or for summary judgment. Applications were also made…
Port Ballidu Pty Ltd v Frews Lawyers [2017] QSC 19
28-2-17 / Damian Clothier KC — Commercial Equity
Whether the plaintiff's claim for equitable compensation was time-barred by analogy with statutory limitation periods. Damian Clothier QC appeared for the applicants/first and second defendant, instructed by Barry Nilsson. The matter is under appeal and has been listed to be heard on 6 September 2017.
