30-10-23 / Paul McQuade KC, Shane Monks — Competition & Consumer, Contract
Successfully resisted a claim for misleading or deceptive conduct in relation to the sale of a shopping centre. Acted for one of the respondents that was an asset manager for the vendor. The purchaser (who acquired the property on behalf of a syndicate of investors) alleged that documents provided to…
9-6-22 / Shane Monks — Contract
The plaintiff real estate agents, who were the applicants, had sued their former employees for misuse of confidential information, and breach of restraints of trade. They sought further disclosure under rule 223(4)(b)(i) of the Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”). In particular they sought disclosure of the defendants’ CRM…
27-8-21 / Shane Monks — Contract
A civil proceeding wherein the parties sought to recover costs against each other on both a standard and indemnity basis. The plaintiff sought to recover costs from the defendants covering up until 6 October 2020 and thereafter the plaintiff to pay the defendant’s costs on a standard basis. The defendants…
9-7-21 / Shane Monks — Building & Construction, Contract
The Queensland Building and Construction Commission (formerly the Queensland Building Services Authority) commenced an action against the defendants to recover statutory insurance monies as debt under ss 71(1), 111C(3) and (6) of the Queensland Building and Construction Commission Act 1991 (Qld). The first defendant was the director of Spectrum Pty…
25-3-21 / Shane Monks — Contract
In 2009, the first respondents purchased a “trophy home” property on the Gold Coast, financed in part by the applicant. The first respondents fell into arrears on the loan and after the applicant obtained default judgment for recovery of possession of the property it contracted to sell it to the…
Level 27, 239 George Street, Brisbane Qld 4000