QLDQCA
WEC Pty Ltd v Cypriot Community of Queensland Inc [2002] QCA 506
[2002] QCA 506
Court of Appeal (Qld)|2002-11-22|Before: McMurdo P, Cullinane and Holmes JJSeparate reasons, for judgment of each member of the court, each concurring as to the order, made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-11-22
Before
McMurdo P, Cullinane and Holmes JJSeparate reasons, for judgment of each member of the court, each concurring as to the order, made
Catchwords
- APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES –
- INTERFERENCE WITH DISCRETION OF COURT BELOW – INTERFERENCE
- WITH
- JUDGE’S FINDINGS OF FACT – WHERE CONFLICT OF EVIDENCE - where
Source
Original judgment source is linked above.
Catchwords
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES –INTERFERENCE WITH DISCRETION OF COURT BELOW – INTERFERENCEWITHJUDGE’S FINDINGS OF FACT – WHERE CONFLICT OF EVIDENCE - whereapplication to set aside a statutory demand issuedunder s 459G of theCorporations Act 2001 (Qld) – where applicant contended there wasan offsetting claim against the respondent exceeding the amount of the statutorydemand – where applicant further contended parties had agreed to forgiveoutstanding rent because of offsetting claim –whererespondent deniedagreement – where primary judge found lack of evidence supportingagreement and lack of particularity inaffidavit supporting offsetting claim– whether genuine dispute between parties – where appealdismissedCorporations Act 2001 (Qld), s 459G, s 459H
Judgment
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