Breen & Anor v Orenshaw

[2013] QDC 241

District Court of Queensland

Built by Barristers,
For Australian Law.

1. Practice & Procedure
2. › PLEADINGS
3. › proceeding for debt
4. › plaintiff previously sued company
5. › plaintiff participated fully as creditor in liquidation
6. › no payment
7. › now sues defendant in person
8. › whether binding and irrevocable election made to pursue company
1. Practice & Procedure
2. › CONTRACT
3. › whether defendant the contracting party
4. › whether defendant an agent for undisclosed principal
5. › relevance of plaintiffs’ subsequent acquisition of knowledge of company as contracting party and delivery of invoices to, statutory notice upon and proceedings to recover debt from company
1. Practice & Procedure
2. › UCPR
3. › APPLICATION FOR SUMMARY JUDGMENT BY DEFENDANT
4. › whether proceeding pleads a cause of action
5. › whether need for trial
6. › whether plaintiff has no real prospect of succeeding in claim
7. › no relevant factual dispute
8. › whether legal issue can be resolved on application without need for trial

Citation[2013] QDC 241

CourtQDC

JurisdictionQueensland

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