Santos Limited v Fluor Australia Pty Ltd & Anor (No 2) [2020] QSC 373
18-12-20 / Jason Mitchenson — Contract, Building & Construction
The Applicant brought an application under rule 501 of the Uniform Civil Procedure Rules 1999 (Qld) to refer all questions raised on the pleadings to a panel of three referees. In ordering the reference, Bradley J considered the scope of the Court’s power under rule 501 (which was introduced by…
Santos Limited v Fluor Australia Pty Ltd & Anor [2020] QCA 254
17-11-20 / Jason Mitchenson — Contract, Building & Construction
This was an appeal of the primary judge’s decision to dismiss Santos Limited’s application for further disclosure. The decision considers whether the application for further disclosure constituted a fishing expedition and the correct approach to appeals concerning matters of practice and procedure. Jason Mitchenson appeared (led by Patrick O’Shea QC)…
Santos Limited v Fluor Australia Pty Ltd & Anor [2020]
16-7-20 / Jason Mitchenson — Contract, Building & Construction
This was a decision on two applications. The first was bought by Santos Limited seeking orders for further disclosure. The second was bought by Fluor Australia Pty Ltd and Fluor Corporation seeking an order that Santos Limited file and serve further and better particulars of its amended statement of claim.…
Tang v Body Corporate for Greenly Gardens CTS 41566 [2019] QCAT 207
30-7-19 / Jason Mitchenson — Contract
A decision concerning the validity of a caretaking agreement and letting authorisation under the Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Qld). The Applicant sought declarations that the caretaking agreement and letting authorisation were not void by operation of sections 114 and 115 of the Regulation. The Tribunal…
12-4-19 / Anthony Messina, Jason Mitchenson — Contract
Well outside the statutory limitation period, a mortgagee brought a claim for payment of principal and interest owing under a registered mortgage, and an order for possession of the land which secured the obligation to pay. In defence of the claim, the mortgagor pleaded a limitations defence. In reply, the…
