4-5-21 / Matthew Hickey OAM KC, Sophie Gibson — Commercial Equity, Contract
This case concerned the construction of a dispute resolution clause in an agreement for the undertaking of a "social benefit bond", to which the State of Queensland is a party. Against the background of a dispute which has arisen between the parties, the question for the New South Wales Supreme…
30-4-21 / Matthew Jones KC — Corporate Insolvency & Bankruptcy
In a proceeding placed on the Commercial List, the Statement of Claim had been struck out and leave had been refused to file an amended statement of claim, pursuant to Rule 376(4) of the UCPR. There being no pleading, and based on a finding that there was no likelihood of…
20-4-21 / Florence Chen — Tax
A general administrative review of an objection to a decision from the Commissioner of State Revenue. In the original decision, the Commissioner affirmed an assessment for land tax relating to the 2015-2016 financial year based on the applicant’s landholdings. Member Fitzpatrick discussed whether there was an issue estoppel arising from…
19-4-21 / Damian Clothier KC, Stewart Webster KC — 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…
16-4-21 / John Ware — Planning & Environment
An appeal was brought in the Queensland Planning and Environment Court against the respondents from an approval by the respondent of an application for the co-respondent’s use of a dance studio in a building approved for warehouse use. Issues considered by the court were: whether proposed use of a dance…
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