1-10-21 / Damian Clothier KC, Matthew Hickey OAM KC, Andrew O'Brien KC — Contract, Land Law & Property, Commercial Equity
Damian Clothier KC with Andrew O'Brien appeared for the successful first defendant. Matthew Hickey OAM KC (with Catherine Chiang) appeared for the unsuccessful plaintiff. A dispute arose between parties to a deed of agreement, as to whether the deed required a payment for the release of mortgages to be made…
Hail Creek Coal Holding Pty Limited & Ors v Michelmore [2021] QLC 19
27-5-21 / Damian Clothier KC — Land Law & Property
The Applicant managed Hail Creek Mine, and the Respondent owned a mining camp adjacent to the Hail Creek Mine. The parties could not agree on the compensation the Applicant should pay the Respondent for a mining lease over the camp land. The Land Court intervened to determine the amount of…
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…
Wellington v Huaxin Energy (Aust) Pty Ltd (formerly Cuesta Coal Limitted) [2019] QSC 18
10-2-19 / Damian Clothier KC — Contract, Resources & Energy, Land Law & Property
The plaintiffs were claiming damages for breach of contract or a declaration that the contract was still on foot and capable of future performance. The proceeding arised from the sale by the first and second plaintiffs, Owen Reginald and Roxanne Wellington, and Ronald Fox, (who was later replaced by the…
Suncorp-Metway Ltd ABN 66 010 831 722 v Nagatsuma & Anor [2019] QSC 16
7-2-19 / Damian Clothier KC — Land Law & Property, Banking
The applicant, a bank as mortgagee, was applying for possession of a property. The respondents suggested there had been no default and claimed the mortgagee had no entitlement to possession of the property. The respondents also made allegations of fraud or misconduct by an employee of the bank causing the second…
