Di Carlo v Kashani-Malaki & Anor [2012] QCA 320 The appeal concerned the construction of s.95 of the Public Trustee Act 1978 as to whether proceeding brought prior to the sentence of imprisonment fell foul of the section. Apart from the discussion as to the meaning of “bringing” proceedings, the judgment of Muir JA with...
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Oakwood Constructions Pty Ltd v Wyndon Properties Pty Ltd [2010] QCA 323 Allens Arthur Robinson The Queensland Court of Appeal has confirmed that a builder can claim compensation under the Property Law Act 1974 (Qld) if it made lasting improvements to land in the genuine but mistaken belief that the land was owned by the...
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For those residential dwelling properties affected by the floods and under contract, I refer you to section 64 of the Property Law Act and Christensen et al, Land Contracts in Queensland – Risk of subject matter (pp 184-192), Georgeson v Palmose & Anor (1962) 106 CLR 578 and Cruse v Mount [1933] Ch 73. PLA 64: Right...
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