Oranville Pty Ltd and Anor v Plum Property Pty Ltd and Others [2022] QSC119
9-6-22 / Shane Monks — Contract
The plaintiff real estate agents, who were the applicants, had sued their former employees for misuse of confidential information, and breach of restraints of trade. They sought further disclosure under rule 223(4)(b)(i) of the Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”). In particular they sought disclosure of the defendants’ CRM…
On an application to register a foreign judgment in Queensland, Crow J had granted a permanent stay on the basis of forum non conveniens as the defendant company had no assets in the jurisdiction. The plaintiff applied to set the stay aside. One of its arguments was that the costs…
18-11-21 / Shane Monks — Arbitration, International
An application to enforce a foreign arbitral award as a judgement of the Federal Court. The applicant, HongKong Henson Industrial Limited, entered into a contract to purchase mineral sands from the respondent, Victorian Ferries Pty Ltd. The contract provided for disputes concerning the contract to be settled by arbitration subject…
8-11-21 / Shane Monks, Sophie Gibson — Corporations
This judgement concerned the orders for costs of an application dismissed for want of prosecution. It was not contested that the applicant should be ordered to pay the costs of the respondents. Rather, the disputed questions were, first, whether costs should be assessed on an indemnity basis; and second, whether…
Queensland Building Services Authority v Samimi & Anor (No 2) [2021] QDC 203
27-8-21 / Shane Monks — Contract
A civil proceeding wherein the parties sought to recover costs against each other on both a standard and indemnity basis. The plaintiff sought to recover costs from the defendants covering up until 6 October 2020 and thereafter the plaintiff to pay the defendant’s costs on a standard basis. The defendants…
