Grocon Constructors (Qld) Pty Ltd v Juniper Developers No 2 Pty Ltd (Receivers and Managers Appointed) (in Liquidation)

Case •

[2016] HCASL 82

GROCON CONSTRUCTORS (QLD) PTY LTD

v

JUNIPER DEVELOPERS NO. 2 PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) & ANOR

[2016] HCASL 82
B3/2016

  1. This is an application for special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Queensland (McMeekin J, Holmes CJ and Atkinson J agreeing), dismissing an appeal from the refusal of Peter Lyons J to declare that cl 35.7 (a liquidated damages clause) of a contract for the construction of a substantial development at Surfers Paradise was void as a penalty.

  2. None of the proposed grounds of appeal enjoys sufficient prospects of success to warrant the grant of special leave to appeal. Pursuant to r 41.11.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

G.A.A. Nettle
5 May 2016 		M.M. Gordon
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High Court Bulletin [2016] HCAB 4
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