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Wallace v Byres [2020] QSC 391

15-12-20 / David Chesterman KC — Contract

The applicant submitted that he was entitled to an itemised bill since he was a “third party payer” pursuant to s 301 of the Legal Profession Act 2007 (“the Act”). The respondent argued the entitlement to request an itemised bill was dependent upon the satisfaction of the condition specified in…

Wagners Cement Pty Ltd & Anor v Boral Resources (Qld) Pty Limited & Anor [2020] QCA 289; [2021] QCA 79

15-12-20 / David Chesterman KC — Appellate, Contract

This matter concerned an appeal from the decision of the Queensland Supreme Court. Wagners Cement and Boral Resources had entered into a formal agreement concerning the purchase of cement products over a fixed term. Critically, the formal agreement contained a price adjustment provision (requiring the issuance of a pricing notice…

The Australian Institute for Progress Ltd v The Electoral Commission of Queensland & Ors (No 2) [2020] QSC 174

15-6-20 / David Chesterman KC — Judicial Review & Administrative

Proceedings where an application for declaratory relief was dismissed as the declarations sought did not comply with the principles for granting declaratory relief and lacked utility. The unsuccessful applicant sought an order that the respondent pay the applicant’s costs and submitted that the proceedings concerned the proper construction of the…

Wallace v Bendigo and Adelaide Bank Limited & Anor [2020] QCA 122

10-6-20 / David Chesterman KC — Appellate, Land Law & Property

The applicant sought an extension of time to appeal an order setting aside the renewal of his claim. The claim was for over AUD 17 million in damages. The claim had been renewed by the Registrar under rule 24 UCPR, but then set aside by a judge of the trial…

Wagners Cement Pty Ltd & Anor v Boral Resources (Qld) Pty Ltd & Anor [2020] QSC 124

19-5-20 / David Chesterman KC — Contract

The proceeding comprised a claim and counterclaim each seeking declarations about the operation of a long term cement supply agreement. Whilst certain details are confidential, the dispute focused around the operation of a price review mechanism within the contract. The issues included the validity of certain notices served under that…

Cases — David Chesterman KC