Cases

This is a selection of the cases in which Nick has been involved over the last few years:

Auto Parts Group v Cooper [2015] QSC 155 – Restraints of trade in employee contracts.

Browning v ACN 149 351 413 Pty Ltd (in liq) [2016] QCA 169 – Contract law and insolvency protections required by the Queensland Building and Construction Commission as a condition of building licences.

Clift v Carter Capner Law [2019] QSC 78 – Enforceability of speculative costs agreements and the jurisdiction of the Supreme Court to compel a solicitor to deliver an itemised bill.

Courtney v Chalfen [2020] QCA 294 – Stay of proceedings inappropriately commenced in Queensland against a party resident in the Cayman Islands.

Crocker v Infa-Secure Pty Ltd [2018] FCA 84 – Vexatious litigant orders.

Flegg v Hallett [2015] QSC 167 – Defamation, including one of the largest overall damages awards ever achieved in Queensland.

Flegg v Hallett (No 2) [2015] 2 Qd R 483 – The overlap between parliamentary privilege and defamation law.

Flogineering Pty Ltd v Blu Logistics SA Pty Ltd [2018] FCA 1479 – Misleading and deceptive conduct with respect to the use of measuring instruments in the transport of bulk milk.

Gobbert v Elders Rural Services Australia Ltd [2017] QDC 219 – Misleading and deceptive conduct and reasonableness in reliance.

Infa-Secure Pty Ltd v Crocker (No 3) [2018] FCA 1605 – Misleading and deceptive conduct and unjustified claims under the Copyright Act.  This case involved a detailed consideration of the principles as to whether conduct is in trade or commerce.

Lowden v Elliott Harvey Securities Ltd (No 2) [2016] FCA 740 – Inspection of documents held by liquidators in the context of ongoing litigation.

Mather v Smith [2015] 1 Qd R 606 – Defamation and the defence of qualified privilege.

Nendy v Armstrong [2020] QSC 380 – Estoppel by encouragement as an alternative to specific performance of a land contract.

Palmer v Ayres; Ferguson v Ayres (2017) 341 ALR 18 – The constitutionality of bestowing the power to conduct public examinations in respect of trading corporations on courts exercising federal jurisdiction.

Palmer v Nationwide News Pty Ltd [2014] QSC 174 – Defamation and defamatory meaning.

Palmer; re Queensland Nickel Pty Ltd (in liq) [2016] FCA 1048 – Setting aside examination summonses under Part 5.9 of the Corporations Act 2001.

Palmer; re Queensland Nickel Pty Ltd (in liq) [2016] FCA 1094 – Leave to appeal on the same issue.

Parkinson v Mackay Sugar Ltd [2018] QSC 168 – Interpretation of sugar supply contracts in central Queensland.

Rivergate Marina & Shipyard Pty Ltd v Morphett [2017] QDC 141 – Contractual responsibility for the sinking of a yacht at a marina.

Schoch v Mineralogy Pty Ltd [2015] QSC 326 – Formation of contracts and interpretation of them.

Seeto Kui (Holdings) Ltd v Chow [2016] QCA 112 – Leave to proceed after delay when the only question remaining is costs.