Rare Nominees Pty Ltd v E-Coastal Developments Pty Ltd

DISTRICT COURT OF QUEENSLAND CITATION: Rare Nominees Pty Ltd v E-Coastal Developments Pty Ltd & Ors [2017] QDC 238 PARTIES: RARE NOMINEES PTY LTD (ACN 094 976 833), AS TRUSTEE FOR THE MACKELLAR FAMILY SUPERANNUATION FUND (plaintiff) v E-COASTAL DEVELOPMENTS PTY LTD (IN LIQUIDATION) (ACN 105 138 056) (first defendant) and CHRISTOPHER JOHN EATON (second defendant) and MODERN CITY HOLDINGS PTY LTD (ACN 122 023 803) (third defendant) and BELINDA JANE EATON (fourth defendant) FILE NO/S: D4799/15 DIVISION: Civil PROCEEDING: Trial ORIGINATING COURT: District Court at Brisbane DELIVERED ON: 26 September 2017 DELIVERED AT: Brisbane HEARING DATES: 17, 18, 19 July 2017, first written submissions on 24 and 26 July 2017 and second written submissions on 1 and 5 September 2017 JUDGE: Dorney QC DCJ ORDERS: 1.   It is ordered that E-Coastal Developments Pty Ltd is removed as a party to the proceedings. 2.   It is ordered that the plaintiff’s Seventh Amended Statement of Claim, insofar as it makes allegations and seeks claims against the third defendant, is struck out. 3.   Leave is refused to the plaintiff to amend its pleadings to allege any further cause of action against the second defendant. 4.   It is adjudged that the second defendant pay the plaintiff the sum of $226,000.55 (inclusive of interest of $100,872.30). 5.   It is adjudged that the fourth defendant have judgment against the plaintiff. 6.   It is ordered that submissions on costs, if any, be filed and served by 4pm on Friday 29 September 2017. CATCHWORDS: Whether admitted joint...