Renard Partners P/L & Anor v Quinn Villages P/L [2001] QCA 538

Renard Partners P/L & Anor v Quinn Villages P/L [2001] QCA 538 (30 November 2001)

SUPREME COURT OF QUEENSLAND

CITATION:

Renard Partners P/ L & Anor v Quinn Villages P/L [2001] QCA 538

PARTIES:

RENARD PARTNERS PTY LTD ACN 075 717 234

SEAMARK PTY LTD ACN 058 624 516

(applicants/appellants)

v

QUINN VILLAGES PTY LTD ACN 000 776 189

(respondent/respondent)

FILE NO/S:

Appeal No 6008 of 2001

SC No 4260 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

30 November 2001

DELIVERED AT:

Brisbane

HEARING DATE:

26 November 2001

JUDGES:

McPherson and Thomas JJA, Mullins J Judgment of the Court

ORDER:

Appeal dismissed with costs

CATCHWORDS:

PROCEDURE - SUPREME COURT PROCEDURE - QUEENSLAND - MISCELLANEOUS PROCEDURAL MATTERS - DECLARATIONS - JURISDICTION - WHETHER A REAL DISPUTE BETWEEN PARTIES - where the parties were engaged in a joint venture agreement - where the trial judge made declarations requested by the respondent - whether the subject matter of the declarations was hypothetical - where there had been no breach or threatened breach of the agreement - utility of declarations - where there was sufficient utility to justify making of declarations

Ainsworth v CJC (1992) 175 CLR 563, considered

Re Clay [1919] 1 Ch 66, considered

Heery v CJC [2000] QCA 511, Appeal Nos 3594 and 3939 of 2000, 15 December 2000, considered

Midland Bank v Laker Airways [1986] QB 689, considered Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd [1972] 2 AC 438, considered

COUNSEL:

P A Freeburn for the appellants

S Couper SC for the respondent

SOLICITORS:

Blake Dawson Waldron for the appellants

Nicol Robinson Halletts for the respondent