Cate Heyworth-Smith

Aklia Holdings Pty Ltd v The Carter Group Pty Ltd (In Liq) & Ors

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Conversion, Corporate Law, Reflective Loss and Prudential Principle, Shares, Trade or Commerce | Comments Off

Covey v State of Queensland

By tgerard | Published January 6 2018

Posted in Insurance, Personal Injuries, Trial and Appellate Advocacy | Tagged Causation, Liability, Personal Injuries, Quantum | Comments Off

Geju Pty Ltd v Central Highlands Regional Council (No. 2)

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Apportionable Claim, Duty of Care, Negligence, Pure Economic Loss, Quantum | Comments Off

Ozibar Pty Ltd v Laroar Holdings Pty Ltd (No.2)

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Commercial Lease, Property, Surrender or Assignment | Comments Off

Geju Pty Ltd v Central Highlands Regional Council

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Disallowance of Amendments, Expert Evidence, Pleadings | Comments Off

Woolworths Ltd v Grimshaw

By tgerard | Published January 6 2018

Posted in Insurance, Personal Injuries, Trial and Appellate Advocacy | Tagged Liability, Personal Injuries, Quantum | Comments Off

Kennedy v Queensland Alumina Limited

By tgerard | Published January 6 2018

Posted in Insurance, Personal Injuries, Trial and Appellate Advocacy | Tagged Contributory Negligence, Personal Injuries, Quantum | Comments Off

Westpac Banking Corporation v Jamieson & Ors

By tgerard | Published January 6 2018

Posted in Financial Services Litigation, Trial and Appellate Advocacy | Tagged Causation, Commercial Litigation, Financial Services, Remedies, Tax | Comments Off

Findlay v Queensland Folk Federation Inc & Ors

By tgerard | Published January 6 2018

Posted in Insurance, Personal Injuries, Trial and Appellate Advocacy, Trials involving Fraud and Issues of Credit | Tagged Fraud and Credit, Liability, Personal Injuries, Quantum | Comments Off

MCG Quarries Pty Ltd v Offermans & Ors

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Corporate Insolvency, Liquidation, Preferential Payments | Comments Off

Ozibar Pty Ltd v Laroar Holdings Pty Ltd

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Commercial Leases, Summary Judgment, Surrender or Assignment | Comments Off

Kennedy v Queensland Alumina Limited

By tgerard | Published January 6 2018

Posted in Insurance, Personal Injuries, Trial and Appellate Advocacy | Tagged Contributory Negligence, Personal Injuries, Quantum | Comments Off

Caduceus Enterprises International Pty Ltd v Complete Lending Pty Ltd

By tgerard | Published January 6 2018

Posted in Financial Services Litigation, Trial and Appellate Advocacy | Tagged Contract, Entitlement to Commission, Equitable Assignment, Equity, Financial Services, Interpretation | Comments Off

Verney v The Mac Services Group Pty Ltd

By tgerard | Published January 6 2018

Posted in Insurance, Personal Injuries, Trial and Appellate Advocacy | Tagged Defective Equipment, Liability, Personal Injuries, Quantum | Comments Off

Jamieson & Ors v Westpac Banking Corporation

By tgerard | Published January 6 2018

Posted in Financial Services Litigation, Trial and Appellate Advocacy | Tagged Causation, Commercial Litigation, Financial Services, Remedies, Tax | Comments Off

Queensland Building & Construction Commission v Meredith

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Construction Law, Licences, Permitted Individual | Comments Off

Gillespie v Gillespie

By tgerard | Published January 6 2018

Posted in Estates and Trusts, Trial and Appellate Advocacy | Tagged Estates, Laches and Acquiescence, Property, Undue Influence | Comments Off

Herrod & Ors v Johnston & Anor

By tgerard | Published January 6 2018

Posted in Estates and Trusts, Trial and Appellate Advocacy, Trials involving Fraud and Issues of Credit | Tagged Agri-accounting and Stock Valuation, Estates, Fraud, Property, Undue Influence | Comments Off

Hookham Constructions Pty Ltd v Lindemann

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Appellant Practice, Contracts, Formation of Contractual Relations, Points not taken below | Comments Off

Mattress Innovations Pty Ltd v MIB Insurance Brokers Pty Ltd

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Construction of Insurance Policy, Reduction for Input Tax Credits | Comments Off

In the Will of Bruce George Gillespie Deceased

By tgerard | Published January 6 2018

Posted in Estates and Trusts, Trial and Appellate Advocacy, Trials involving Fraud and Issues of Credit | Tagged Estates, Removal of Estate Caveat, Testamentary Capacity, Undue Influence | Comments Off

Gough & Ors v South Sky Investments Pty Ltd

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Body Corporate, Contracts, Implied Terms, Property Development | Comments Off

Creswick v Creswick & Ors

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy, Trials involving Fraud and Issues of Credit | Tagged Equity, Evidence, Fraud and Forgery, Remedies, Unconscionable Conduct | Comments Off

Mooloolaba Slipways Pty Ltd & Anor v Cashlaw Pty Ltd & Ors

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy | Tagged Commercial Lease, Misrepresentations, Mitigation, Negligence, Pure Economic Loss, Quantum | Comments Off

J Creswick & W Creswick v F Creswick

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy, Trials involving Fraud and Issues of Credit | Tagged Equitable Doctrines and Presumptions, Exoneration, Property, Statutory Trust for Sale | Comments Off

Koven v Hail Creek Coal Pty Ltd

By tgerard | Published January 6 2018

Posted in Insurance, Personal Injuries, Trial and Appellate Advocacy | Tagged Personal Injuries, Quantum | Comments Off

Moylan v Rickard

By tgerard | Published January 6 2018

Posted in Estates and Trusts, Trial and Appellate Advocacy | Tagged Construction and Effect of Testamentary Dispositions, Contracts, Powers of Attorney, Succession | Comments Off

Corkery & Ors v Kingfisher Bay Resort Village Pty Ltd & Anor

By tgerard | Published January 6 2018

Posted in Insurance, Personal Injuries, Trial and Appellate Advocacy | Tagged Liability, Loss of Servitium, Personal Injuries, Quantum | Comments Off

Creswick & Ors v Creswick

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy, Trials involving Fraud and Issues of Credit | Tagged Burden of Proof, Equity, Fraud and Forgery, Presumptions, Remedies, Unconscionable Conduct | Comments Off

Deeson Heavy Haulage Pty Ltd v Cox & Ors

By tgerard | Published January 6 2018

Posted in Commercial Litigation, Trial and Appellate Advocacy, Trials involving Fraud and Issues of Credit | Tagged Breach of Confidence, Causation, Fiduciary Duties, Quantum | Comments Off