Court of Appeal

Kern Consulting Group Pty Ltd & Anor v Opus Capital Ltd [2014] QCA 111 ; [2014] 2 QdR 379 (13/10028) Fraser and Gotterson JJA and Jackson J 16 May 2014

Full-text: QCA14-111.pdf


CORPORATIONS MANAGED INVESTMENTS OTHER MATTERS where the responsible entity has appointed an agent as custodian of trust property pursuant to s 601FB(2) of the Corporations Act 2001 (Cth) where the custodian of trust property entered into a lease with the applicants where the respondent is not a party to the lease whether the respondent is the proper plaintiff to bring an action for outstanding rent and charges payable under the lease

PROCEDURE QUEENSLAND PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS DEFAULT OF PLEADING where the pleading is defective for want of parties where the proceeding could be successfully reconstituted or re-pleaded whether the proceeding should be dismissed