King v Abdel-Malik (No 2)

DISTRICT COURT OF QUEENSLAND CITATION: King v Abdel-Malik & Ors (No 2) [2018] QDC 189 PARTIES: STEPHEN KING (plaintiff) v ANGELINA RACHEL ABDEL-MALIK (first defendant) and JAMIE WILLIAM POST (second defendant) and AMEA ABDEL-MALIK (third defendant) and ADLEY KING MALIKSON (fourth defendant) FILE NO/S: 86 of 2016 DIVISION: Civil PROCEEDING: Trial ORIGINATING COURT: Ipswich District Court DELIVERED ON: 18 September 2018 DELIVERED AT: Brisbane HEARING DATE: 6 and 7 December 2017 and 20, 21 and 22 June 2018 and written submissions on 22 August and 4 September 2018 JUDGE: Reid DCJ ORDERS: That the plaintiff’s claim against the first and second defendants be dismissed1.           The plaintiff is estopped from denying the first defendant the benefit of the land2.           The plaintiff holds one third of his legal ownership in the land on trust for the benefit of the first defendant.3.           The plaintiff grant the first defendant a license to occupy the land.4.           The plaintiff pay the first and second defendant’s costs of and incidental to the claim and order the plaintiff also pay costs of the first defendant’s counterclaim.5.           The second, third and fourth defendants’ counterclaims are dismissed.6.           7.          I make no order as to the costs of the second, third or fourth defendants’ counterclaims. CATCHWORDS: COSTS – Claim and counterclaim – where one party successful in both claims – consideration of her costs of both claims – where other parties were unsuccessful in their counter-claims – central issue decided against plaintiff – no real effect on costs associated with joinder...