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Cases
Queensland
Fearnley v Finlay [2014] QCA 155
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
where the respondent alleged the appellant had a contract for
agistment of his cattle on the respondent's properties –
where the agistment contract was not limited to storage of the
cattle – where the respondent sought a declaration of a lien
over the appellant's cattle under the Storage Liens Act 1973
(Qld) – whether the agistment of cattle constituted goods
deposited with a storer for storage. More...
Camp Seabee Properties Pty Ltd v Commissioner of State
Revenue [2014] QCAT 258
GENERAL ADMINISTRATIVE REVIEW – STAMP DUTY – where
duty assessed on five transactions for the purchase of real
property in one development – where same vendor, developer
and purchaser in each transaction – where all contracts dated
the same day, subject to same conditions and settled on the same
day – where Commissioner later reassessed duty payable,
aggregating the dutiable transactions and assessing as one
transaction under s 30 of the Duties Act 2001 – whether the
transactions together form, evidence, give effect to or arise from
what is substantially one arrangement. More...
Lisa Craig Corporation Pty Ltd v Mintman Pty Ltd [2014]
QCAT 243
RETAIL SHOP LEASE DISPUTE – COSTS – where neither
party wholly successful – where settlement offers made
Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments
(No 2) [2010] QCAT 412 Tamawood Ltd and Anor v Paans [2005] QCA 111
Robertson and Robertson v Airstrike Industrial Pty Ltd [2011] QCAT
120 Civic Steel Homes v Mitra [2006] QDC 322 Leo v Paulsen [2010]
QCAT 122 Colgate Palmolive Co v Cussons Pty Ltd (1993) 118 ALR 248.
More...
Victoria
Love v Roads Corporation [2014] VSCA 129
APPEAL – Appeal limited to questions of law – Grounds
in substance challenged findings of fact – Whether open to
trial judge to make findings in question – Whether judge
bound to make different findings – No error of law –
Appeal dismissed – Land Acquisition and Compensation Act 1986
(Vic) s 89(2). LAND VALUATION AND COMPENSATION – Compulsory
acquisition – Land used for agricultural purposes –
Proposal for interchange – Compensation for loss attributable
to severance of land – Difference between market value of
claimant's interest in land before and after the acquisition
– Whether access to claimant's interest 'before'
acquisition would be different from access 'after' the
eventual construction of the interchange – Land Acquisition
and Compensation Act 1986 (Vic) ss 41(1)(a), 41(3). More...
West Coast Developments Pty Ltd v Lehmann [2014] VSC
293
PROPERTY — Caveat — Torrens system — Application
to remove caveat — Relevant tests — Balance of
convenience —Charge to support non pecuniary obligation
— Prima facie entitlement to caveat — Transfer of Land
Act 1958, s 93. More...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.