HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58
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…
Barro Group Pty Ltd v Sunshine Coast Regional Council [2021] QPEC 18
23-3-21 / John Ware — Planning & Environment
An appeal against the respondent’s exercise of their discretion under s 60(3) of the Planning Act 2016 to refuse the appellant’s development application to re-start and materially increase the scale and intensity of an extractive. Issues considered by the court included whether the development application should be refused for traffic…
Murphy Operator & Ors v Gladstone Ports Corporation (No 8) [2021] QSC 57 15
19-3-21 / Damian Clothier KC, Michael May — Class Actions
This was a costs determination following the Court’s dismissal of an application seeking dispensation of the rules regarding disclosure of expert reports in the context of reports to be obtained for the purposes of mediation in a class action. The Court held in favour of the Respondents by rejecting the Applicant’s submission that costs be…
18-3-21 / Matthew Wilkinson — Appellate, Human Rights & Discrimination
This was an appeal from the decision of Irving v Pfingst [2020] QSC 280. The majority of the Court of Appeal (Fraser and McMurdo JA) allowed the appeal. Fraser and McMurdo JA held that the police officer in question did not honestly believe that there was a proper basis to…
Australia Pacific LNG Pty Limited v Sooner Insurance Company [2021] QSC 43
8-3-21 / Bianca Kabel, Michael Trim — Insurance
In this application, the defendant insurers sought leave to have two sets of solicitors and counsel on the record in the proceeding. A principal submission run by the defendants was that the plaintiffs had brought multiple insurance claims prior to the proceedings having been filed (which claims were then reflected…
