27-9-19 / Damian Clothier KC, Mohammud Jaamae Hafeez-Baig — Contract, Resources & Energy
This decision was a sequel to Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 5) [2019] QSC 210, in which the Supreme Court (Bond J) provisionally dealt with some of the objections made by the defendants to certain expert opinion evidence sought to be adduced by the plaintiffs.…
27-8-19 / Damian Clothier KC — Resources & Energy, Contract
This proceeding concerned complaints made by junior joint venture partners about the conduct of the senior joint venture partner in relation to decisions made in the course of performing a joint venture for the exploitation of a coal deposit at Monto in Queensland. The plaintiffs contended that the first defendant…
8-8-19 / Damian Clothier KC — Contract
The defendants applied to strike out paragraphs of the statement of claim (and the relevant parts of the claim for relief) on the ground that two of the alleged causes of action did not disclose a reasonable cause of action or make without reasonable grounds either under the rules of…
27-6-19 / Damian Clothier KC — Contract
The plaintiff in this matter, Aurizon Network Pty Ltd, is the lessee of the land for the rail corridor and operator of the network and associated rail infrastructure known as the Central Queensland Coal Network. The plaintiff entered into a contract with the defendants styled as the “Wiggins Island Rail…
12-3-19 / Damian Clothier KC, Bianca Kabel — Contract, Corporations, Corporate Insolvency & Bankruptcy
This judgment concerned a number of applications to strike out the claim and statement of claim, and for security for costs, made by the various defendants. The Court struck out a substantial number of paragraphs of the statement of claim as being deficient, granting leave to replead. In the case…
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