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Hardingham v RP Data Pty Limited [2019] FCA 2075

9-12-19 / Anthony Messina — Intellectual Property

Under s 115 of the Copyright Act 1968 (Cth), RP Data was sued for allegedly infringing copyright subsisting in photographs and floor plans of various properties. The works were commissioned by real estate agents for the purpose of marketing the properties for sale or lease on platforms including www.realestate.com.au and RP Data…

Samios Plumbing Pty Ltd v John R Keith (QLD) Pty Ltd [2019] QDC 237

29-11-19 / Anthony Messina, Sam McCarthy — Contract

The plaintiff supplied plumbing goods to the defendant on credit. The plaintiff sued for debts allegedly owed by the defendant for goods supplied. An issue in the proceeding was the terms which governed the plaintiff’s supply of goods to the defendant. Determining the question separately from the substantive proceeding, the…

Spoor & Ors v Price & Ors [2019] QSC 53

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…

Pioneer Credit Acquisition Services Pty Ltd v Hayes [2018] FCCA 3144

5-11-18 / Anthony Messina — Corporate Insolvency & Bankruptcy

In this bankruptcy matter, Pioneer Credit Acquisition Services Pty Ltd sought a sequestration order against the respondent, Brett John Hayes, concerning a credit card debt originally owed to the Commonwealth Bank of Australia. The creditor’s petition was heard on 31 October 2018. Opposing sequestration, the respondent argued that the petitioning…

CSR Building Products Limited v Halstead [2018] QDC 241

22-10-18 / Anthony Messina — Contract

This was an application to the District Court to set aside a default judgment. The first issue concerned whether or not the default judgment was irregularly obtained. The applicant argued that, on an application for substituted services of the claim and statement of claim, the respondent read inadmissible evidence -…

Cases — Anthony Messina