19-4-21 / Damian Clothier KC, Stewart Webster — Contract, Land Law & Property
In a proceeding for declarations of constructive trust over property forming part of a deceased estate, the executor (the defendant) applied for and obtained orders for the removal of a caveat over an estate property to allow the property to be sold and the proceeds used to pay expenses including…
2-9-20 / Shane Doyle KC, Stewart Webster — Land Law & Property, Contract, Resources & Energy
This application arose in a long running proceeding in which a coal exploration company (Cherwell Creek) was claiming over AUD 100 million in compensation from BHP-Mitsubishi Alliance (BMA) for alleged loss of opportunity to commercialise a coal resource on an area of land over which the Cherwell Creek previously held…
1-9-20 / Damian Clothier KC, Stewart Webster — Contract
This appeal concerned the proper construction of a unilateral variation provision in a contract and whether the provision was subject to implied terms, including an implied term of good faith. The first respondent operates Queensland’s largest a freight rail network, which is used in part for shipping coal from mines…
1-11-19 / Stewart Webster — Appellate, Contract, Resources & Energy
In an ongoing major proceeding in the Land Court, a coal explorer is claiming over $100 million in compensation from BHP for alleged loss of opportunity to commercialise a coal resource on an area of land over which the appellant previously held an exploration permit. The claim is made pursuant…
9-5-19 / Stewart Webster — Contract, Building & Construction, Insurance
In this matter the applicant was the contractor and the respondent the principal in a design and construct contract for a hotel. The applicant arranged for a performance bond to be issued as part of the requirements of the contract. The respondent alleged that the applicant failed to rectify construction…
Level 27, 239 George Street, Brisbane Qld 4000