12-10-21 / David Chesterman KC — Appellate, Contract, Land Law & Property
This was an application for special leave to appeal from the decision of the Queensland Court of Appeal in [2021] 9 QLR; [2021] QCA 20. David Chesterman appeared for the respondent. Gordon and Edelman JJ refused the extension of time to seek special leave to appeal on the basis of…
12-2-21 / David Chesterman KC — Appellate, Contract, Land Law & Property
The applicants were the owners and managers of Gold Tip (News) Pty Ltd, a newsagency at the Mt Ommaney shopping centre leased from the respondent. Gold Tip operated the news agency until it was placed into liquidation. During the initial lease, the respondent undertook significant renovations and expansion of the…
1-2-21 / David Chesterman KC — Commercial Equity, Contract, Land Law & Property
An application to strike out certain paragraphs of an Amended Statement of Claim pursuant to r 179(1)(b) of the Uniform Civil Procedure Rules 1999. The basis of the application was that the paragraphs failed to plead the necessary facts in support of the conclusion of law about a joint endeavour…
10-6-20 / David Chesterman KC — Appellate, Land Law & Property
The applicant sought an extension of time to appeal an order setting aside the renewal of his claim. The claim was for over AUD 17 million in damages. The claim had been renewed by the Registrar under rule 24 UCPR, but then set aside by a judge of the trial…
15-11-19 / David Chesterman KC, Matthew Wilkinson — Land Law & Property, Resources & Energy
The applicant sought removal of a caveat under s 28(3) of the Mineral and Energy Resources (Common Provisions) Act 2018 and other orders, including costs. Although, the caveat had been withdraw upon the commencement of the hearing, and as such submissions were heard on the matter of costs only. The…
Level 27, 239 George Street, Brisbane Qld 4000