Wright v Hamilton Island Enterprises Ltd; ACN 055 389 725 P/L v Hamilton Island Enterprises Ltd

[2003] QCA 160

SUPREME COURT OF QUEENSLAND

CITATION:

Wright & Anor v Hamilton Island Enterprises Ltd;
ACN 055 389 725 P/L & Ors v Hamilton Island Enterprises Ltd [2003] QCA 160

PARTIES:

JACKIE WRIGHT
(first plaintiff/respondent)
PLANLEY PTY LTD ACN 064 736 581
(second plaintiff/respondent)
v
HAMILTON ISLAND ENTERPRISES LIMITED
ACN 009 946 909
(defendant/appellant)

ACN 055 389 725 PTY LTD
(first plaintiff/first respondent)
LOUIS PHERHAD
(second plaintiff/second respondent)
VIVIENNE PHERHAD
(third plaintiff/third respondent)
v
HAMILTON ISLAND ENTERPRISES LIMITED
ACN 009 946 909
(defendant/appellant)

FILE NO/S:

Appeal No 11236 of 2001
SC No 8981 of 1996
SC No 8982 of 1996

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Orders

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

Judgment delivered 14 February 2003
Amended Further Orders delivered 17 April 2003

DELIVERED AT:

Brisbane

HEARING DATE:

5 August 2002

JUDGES:

McMurdo P, Jerrard JA and Mackenzie J
Judgment of the Court

FURTHER ORDERS:

1.  In the appeal concerning SC No 8981 of 1996:
Allow in part the appeal from the order of Mullins J of 15 November 2001 only to the extent of  adding a further order that the respondent pay the appellant's costs of and incidental to the hearing of 30 October 2001 to be assessed; and
No order as to the costs of the appeal

2.  In the appeal concerning SC No 8982 of 1996:
Allow in part the appeal from the order of Mullins J of 15 November 2001 only to the extent of adding a further order that the respondent pay the appellant's costs of and incidental to the hearing of 30 October 2001 to be assessed; and
No order as to the costs of the appeal

COUNSEL:

P A Keane QC, with D Logan, for the appellant
M D Hinson SC for the respondents

SOLICITORS:

Gadens Lawyers for the appellant
O'Shea Corser & Wadley for the respondents

1. THE COURT:  The further orders in this matter delivered on 21 March 2003 are amended and replaced by the following amended further orders:

In the appeal concerning SC No 8981 of 1996:

(1)         Allow in part the appeal from the order of Mullins J of 15 November 2001 only to the extent of adding a further order that the respondent pay the appellant's costs of and incidental to the hearing of 30 October 2001 to be assessed.

(2)         No order as to the costs of the appeal.

In the appeal concerning SC No 8982 of 1996:

(3)         Allow in part the appeal from the order of Mullins J of 15 November 2001 only to the extent of adding a further order that the respondent pay the appellant's costs of and incidental to the hearing of 30 October 2001 to be assessed.

(4)         No order as to the costs of the appeal.