Ely Projects Pty Ltd v Stockton and Anor [2025] QDC 178
21-11-25 / Michael Trim KC — Contract
Michael Trim KC appeared for the defendants, instructed by Holding Redlich. In summary, this was a costs proceeding following a partially successful application by the defendants to strike out a Statement of Claim. Both parties asserted primacy over their individual successes on the application and that costs should reflect that.…
23-9-25 / Michael Trim KC — Arbitration, Building & Construction, Contract
Michael Trim appeared for the Applicant, instructed by McCullough Robertson Lawyers. This case concerned an application brought pursuant to the Commercial Arbitration Act 2013 (Qld), seeking orders that the Court appoint an Arbitrator (from a panel of three) in respect of the disputes between the Applicant and Respondent. The Respondent ultimately consented to…
Forme Two Pty Ltd v McNab Developments (Qld) [2025] QSC 96
12-5-25 / Michael Trim KC — Building & Construction, Contract
Michael Trim appeared for the applicant, instructed by Thomson Geer. The applicant sought to have the initial adjudication decision by one of the respondents declared void. The central issue was whether the adjudication decision was affected by jurisdictional error under the Building Industry Fairness Act 2017. Hindman J held that…
ThoughtWare Australia Pty Limited v IonMy Pty Ltd [2023] FCA 906
4-8-23 / Michael Trim KC — Contract
The applicant and respondent entered a Business Sale Agreement (“BSA”) whereby the respondent agreed to pay for a Business and certain associated assets in instalments. The parties agreed to a potential pro-rata reduction of the instalments depending on the average annual gross profit of the Business. There was a disagreement…
