20-2-20 / Stewart Webster — Appellate, Land Law & Property
This appeal concerned the removal of a caveat over a property to subject of a claim for a constructive trust and directions given under s 96 of the Trusts Act 1973 (Qld) to the trustee/defendant about mortgaging that property and the use of funds to defend the primary proceeding. The…
19-2-20 / Stewart Webster — Appellate, Land Law & Property
This appeal concerned whether the appellant should have leave to amend its statement of claim to introduce new claims in a proceeding in which the appellant sought declarations of constructive trust of real property held in the name of her mother-in-law, who had died after the proceedings were commenced. The…
2-12-19 / Stewart Webster — Corporations, Land Law & Property
This proceeding involved an alleged breach of the “fair dealing rule” by trustees, arising from the division of ownership of large cattle stations between four siblings. The Court appointed three experts to value the cattle stations and associated assets. After the reports of the Court-appointed experts were delivered, the plaintiff…
14-6-19 / Stewart Webster — Appellate, Land Law & Property, Planning & Environment
Appeal against a determination of the Planning & Environment Court that infrastructure charge notices issued to ASX listed development company Sunland Group Limited were invalid for a failure to include an adequate statement of reasons. Shane Doyle QC and Stewart Webster appeared on behalf of the respondent, instructed by Holding…
23-7-18 / Roger Traves KC, Stewart Webster — Commercial Equity, Contract, Land Law & Property
This case involved a consideration of whether companies holding equitable charges were necessary parties to an application for declarations about the lawfulness of removing equipment subject to the charges. Resolving that question turned on a consideration of whether the charge holders were directly affected by the orders which had been…
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