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Jones v Harte

Jones v Harte

Case [2001] QCA 297

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Civil Litigation & Procedure

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[2001] QCA 297

COURT OF APPEAL

de JERSEY CJ
THOMAS JA
WILLIAMS JA

CA No 3441 of 2001

NICOLE LEIGH JONES Respondent/Applicant

STEVIE LEE HARTE Applicant/Respondent

BRISBANE

..DATE 25/07/2001

ORDER

THE CHIEF JUSTICE: The application is dismissed with costs to be assessed.

THOMAS JA: I agree.

WILLIAMS JA: I agree.

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Details

AGLC: Jones v Harte [2001] QCA 297
Case: [2001] QCA 297
Decision Date: 25/07/2001

CaseChat Overview and Summary

Nicole Leigh Jones filed an application against Stevie Lee Harte, seeking a declaration that she was not bound by a contract which had been executed by her father, who had since passed away. The matter was heard in the Court of Appeal, with the Chief Justice, Thomas JA, and Williams JA presiding. The central legal issue was whether the contract, which had been signed by the applicant's father, remained binding on the applicant after his death.

The Court of Appeal considered the terms of the contract and whether there were any circumstances that would release the applicant from her father's obligations. The court found that the contract explicitly stated that it was binding on the applicant and her successors in title, and there was no provision that would release her from her father's obligations upon his death. The Court concluded that the contract remained binding on the applicant, and her application for a declaration to the contrary was dismissed. The appeal was dismissed with costs to be assessed.

Orders