Supreme Court - Trial Division

Nichols Constructions Pty Ltd v Mt Marlow Pty Ltd & Anor [2016] QSC 001 (14/5714) Jackson J 15 January 2016

Full-text: QSC16-001.pdf


PROCEDURE SUPREME COURT PROCEDURE QUEENSLAND PROCEDURE UNDER THE UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS SUMMARY JUDGMENT where the respondent entered into a loan agreement with a company where the second defendant was the sole director and shareholder of the company where the loan agreement was secured by a mortgage debenture given by the company to the respondent where the second defendant also gave an irrevocable authority as to the disposition of proceeds of sale of properties being sold by the first defendant where the company did not repay the loan where the respondent commenced proceedings alleging breaches of contract by the defendants where the statement of claim alleges misleading or deceptive conduct in making the irrevocable authority where damages claimed are measured in the amount as if the proceeds of sale were received where the applicants apply for summary judgment or alternatively a strikeout of relevant paragraphs in the amended statement of claim whether summary judgment should be granted whether the amended statement of claim should be struck out

Uniform Civil Procedure Rules considered

Rule 171 - Striking out pleadingsRule 293 - Summary judgment for defendant