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Level Twenty Seven Chambers

Appellate News

Decision that factual matters can found a defence to a claim by QBCC under ss71(1) and 111C of the Queensland Building and Construction Commission Act 1991 for recovery of a payment made under the statutory insurance scheme

24-6-15  /  Damian Clothier QC  —  Appellate, Building & Construction

The appellants were directors of a building company which was engaged to build two new residential dwellings at St Lucia for the owner in November 2006. The contract was terminated after relations between the parties soured and the dwellings were left incomplete with some work defective. The owner made a…

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Court of Appeal success for Damian Clothier QC and Christopher Johnstone

28-2-15  /  Damian Clothier QC, Christopher Johnstone  —  Appellate, Commercial Equity

In Canehire Pty Ltd & Anor v Themis Holdings Pty Ltd [2014] QCA 296 the Queensland Court of Appeal dismissed an appeal by Canehire Pty Ltd (the former trustee of the Holzapfel Family Trust) and its director Philip Ham from a decision by Philippides J who found after a 10…

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