Harling Queensland Pty Ltd v A R. Kelly and/or Nominees; M. S Kelly v Arkdev Pty Ltd

Harling Queensland Pty Ltd and M. S Kelly brought separate actions against A R. Kelly and/or Nominees and Arkdev Pty Ltd respectively, seeking damages for breach of contract and other relief. The defendants sought summary judgment in both cases. The court had to decide whether there were any serious issues to be tried in the cases. The court considered the evidence and submissions from both sides.

The court found that there were serious issues to be tried in both cases and dismissed the applications for summary judgment. The court also dismissed the application to remove the caveat and ordered that the actions be heard together. The court made several orders to ensure that the trial proceeded efficiently, including orders for service of pleadings, representation at hearings, and examination of witnesses. The court reserved the costs of all applications to the trial judge.

The orders of the court ensured that the actions would be heard together, with the parties able to make submissions and examine witnesses. The court's decision to dismiss the applications for summary judgment meant that the issues in the cases would be determined at trial. The orders for service of pleadings and representation at hearings ensured that the parties were aware of the proceedings and able to participate fully. The costs orders ensured that the parties would not be burdened with unnecessary expenses until the trial judge made a final determination.