Cases

This is a selection of Nick’s recent cases, listed by date of decision:

Habchi v Habchi [2026] QSC 67 – Common intention constructive trusts.

Impact Healthcare Pty Ltd v St Vincent’s Private Hospitals Ltd [2026] QCA 21 – Implication of a term in a contract as a matter of law.

Hurst v Zhang [2025] QCA 159 – Whether money paid by one party to another in the context of a casual domestic relationship was a loan repayable on demand or a gift the recipient was entitled to retain.

Laming v Electoral Commissioner (2025) 424 ALR 359; [2025] HCA 31 – Successful appeal concerning the proper construction of section 321D of the Commonwealth Electoral Act 1918.

Zuce Tech Pty Ltd v Ebert [2024] QSC 297 – Whether a respondent could resist a mandatory interlocutory injunction on the basis that compliance with the injunction risked self-incrimination.

Zuce Tech Pty Ltd v Ebert [2024] QCA 219 – This case concerned whether a proceeding should be stayed in circumstances where the respondent asserted a risk of self-incrimination. The Court of Appeal considered whether the “companion principle” – that is, protection of the forensic advantages accorded to an accused during criminal proceedings – could be invoked before criminal proceedings had been commenced. The Court of Appeal held that the protection is not available until such time as the putative accused has been charged.

Airphysio Pty Ltd v Harbour Capital Asset Management Pty Ltd [2024] QCA 173 – A case about whether a promise to pay royalties in respect of equipment manufactured by the appellants could be avoided by licensing another entity not bound by the royalty agreement to manufacture the equipment.

Royal Pines Projects Pty Ltd v Brightman [2024] QCA 147 – This case concerned the practical effect of the implied duty of co-operation in performance of a contract in the context of units sold off the plan. The vendor failed to respond in a timely way to requests from purchasers for access to allow valuations for borrowing purposes. The Court of Appeal rejected the appellant’s argument that the implied duty did not extend to such access because the contracts were not subject to finance.

Wang v State of Queensland (2024) 20 QR 467; [2024] QSC 156 – Whether the provisions in the Property Law Act 1974 for relief from encroachment apply to unallocated state land. They do not.

Impact Healthcare Pty Ltd v St Vincent’s Private Hospitals Ltd [2024] QSC 62 – Duty to act reasonably in exercising a discretion to refuse consent to a change in ownership of a contracting party.

Recycling Developments Pty Ltd v Bespoke Recycling Industries Pty Ltd [2024] QSC 42 – This was an application to set aside a caveat over commercial land. The Court rejected a range of challenges to the caveat, including that the caveator had engaged in conduct which disentitled it from specific performance, and that the balance of convenience was against retention of the caveat.

A P Motors (No 2) Pty Ltd v Balfour [2024] QSC 18 – Call on undertaking as to damages in respect of a freezing order.

Blu Logistics SA Pty Ltd v Flogineering Pty Ltd (2023) 412 ALR 347; [2023] FCAFC 103 – Misleading and deceptive conduct. Rules of evidence regarding inferences of fact. Assessment of damages for loss of opportunity.

Lamb v Sherman (2023) 298 FCR 79; [2023] FCAFC 85 – Application to set aside bankruptcy and interpretation of the Federal Court Rules regarding time for filing such applications.

Rocky Point Holdings Pty Ltd v TEB Enterprises Pty Ltd (2023) 13 QR 465; [2023] QSC 20 – Application to lodge a new caveat after an earlier caveat was allowed to lapse.

Anderson v Pickles Auctions Pty Ltd (2023) 13 QR 286; [2023] QSC 12 – The Court held that a decision to dismiss an application to review a costs assessment was not a decision “only in relation to costs” within the meaning of section 253 of the Supreme Court Act 1995.