Cases - Level Twenty Seven Chambers

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Kelly v Chelsea on the Park Pty Ltd [2020] QLC 36

6-11-20 / Sam McCarthy — Contract, Land Law & Property

The applicant miner applied to renew an alluvial gold mining lease on the respondent landowner’s grazing property. The parties disagreed on the amount of compensation the applicant was required to pay the respondent under s 281 of the Mineral Resources Act 1989 and about the area of the property that…

King v Comiskey Management Services Pty Ltd & Anor [2020] QCA 229

23-10-20 / Kristi Riedel, Sam McCarthy — Media & Defamation

The appellant commenced proceedings for defamation against the respondent defendants after the expiration of the limitation period. The appellant applied for an extension of time within which to sue. That application was dismissed and judgment was entered for the respondent defendants. The appeal against the decision of the primary judge…

Brisbane Airport Corporation Pty Limited v Arup Pty Limited [2020] QSC 202

30-6-20 / Sam McCarthy — Professional Negligence

In the action, the plaintiff airport corporation sues the defendant engineer in negligence and for misleading or deceptive conduct. Both liability and quantum are in issue. The defendant applied for a separate trial of liability because of consequent potential time and cost savings, and also because the Plaintiff’s damages case…

Talbot v Boyd Legal (A Firm) & Ors [2020] QSC 185

19-6-20 / Sam McCarthy — Professional Negligence

In the action the plaintiff sues two firms of solicitors for alleged professional negligence in the performance of retainers concerning her late husband’s will and estate. One of those retainers concerned the preparation of a new will by the first defendant. The plaintiff contends that a file held in respect…

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…

Cases — Sam McCarthy