Peter Hastie QC: Judgements

Building and Construction Disputes

  • Conduct of trials in two separate proceedings in the Supreme Court of Queensland on behalf of a builder of two major office buildings in Brisbane arising from the use of toughened glass: Hennessey Glass & Aluminium Systems Pty Ltd v Eagle Star Trustees [1999] 1 Qd.R. 210.
  • Conduct of proceedings on behalf of a sub-contractor against the head contractor for the development of another major sporting complex in Brisbane: Hennessey Glass & Aluminium Systems Pty Ltd v Watpac Australia Pty Ltd [2002] QCA.
  • Conduct of multiple proceedings on behalf of the managing contractor for the development of a major sporting complex in Brisbane against sub-contractors in the Supreme Court of Queensland: Abigroup Constructions Pty Ltd v Multiplex Constructions Pty Ltd [2003] QSC 173; Multiplex Constructions v Abigroup Constructions [2004] QSC 198; [2005] QCA 61.
  • Appearing on behalf of the developer in Supreme Court, arbitrations and expert determinations with respect to a major Sunshine Coast resort: Northbuild Constructions Pty Ltd v Discovery Beach Pty Ltd [2005] 2 Qd.R. 174; [2005] 2 Qd.R. 180; Discovery Beach Project Pty Ltd v Northbuild Constructions Pty Ltd [2005] QSC 322; [2006] QSC 84.
  • Conduct of sub-contractors charges proceedings: EHS Landscaping Pty Ltd v Walter Construction Group Ltd [2006] 1 Qd.R. 376; State of Queensland v Walter Constructions Group [2005] QSC 241; [2006] 1 Qd.R. 376; Rapid Contracting Pty Ltd (in liq) v Multiplex Construction Pty Ltd (1998) QSC 227; (1999) QCA 306.
  • Appearing at trial involving a dispute over security under building contract: Northbuild Construction Pty Ltd v Capital Finance Australia Ltd [2006] QSC 81.
  • Conduct of proceedings for breach of building contract and negligence against engineer and supplier: Mirvac Queensland Pty Ltd v Shamrock Civil Engineering Pty Ltd [2015] QSC 271.
  • Appearing in application involving Building and Construction Industry Payments Act 2004: Leighton Contractors Pty Ltd v Vision Energy Pty Ltd [2010] QSC 353.

Corporations Law

  • Conduct of contested application for winding up: Sindea Trading Co Pty Ltd v Asia Pacific Glass Pty Ltd [2003] QSC 406.
  • Conduct of lengthy trial on insolvency in Supreme Court of Queensland: Promoseven Pty Ltd v Bluechip Development Corp (Qld) Pty Ltd [2011] QSC 368.
  • Conduct of hearing relating to deed of company administration: Promoseven Pty Ltd v Prime Project Development (Cairns) Pty Ltd [2013] QSC 222 and on appeal (2013) 97 ASCR 390.
  • Conduct of hearing involving appeal against decision concerning proof of debt: Promoseven Pty Ltd v Markey [2013] FCA 1281 and on appeal [2015] FCAFC 12.
  • Appearing in application by liquidator to extend time: McCann v Mawson Restructures and Workouts Pty Ltd [2016] FCA 1152.
  • Appearing at trial of voidable transaction proceedings: McCann, in the matter of Walton Constructions (Qld) Pty Ltd v QHT Investments Pty Ltd [2018] FCA 1986.

Commercial

  • Appearing at trial in the Supreme Court of South Australia and Full Court of that Court on behalf of one of the joint venturers against the operator of a gas joint venture: Crusader Resources NL v Santos Ltd (1991) 58 SASR 74.
  • Conduct of proceedings involving a claim for breach of copyright in Federal Court of Australia: VN International Video Pty Ltd v West End HK TVB Video & Ors (1996) 14 ACLR 1308.
  • Conduct of injunction proceedings and trial for passing off in the Federal Court of Australia: Greyhound Pioneer Australia Ltd v Pioneer Motor Service Pty Ltd (1997) 38 IPR 385.
  • Conduct of proceedings and appeal relating to public liability insurance policy: Aorangi v Brambles Australia Ltd [2001] QCA 200.
  • Conduct of proceedings for unjust enrichment: Isakka v South Australian Asset Management Corporation [2002] QSC 29 and on appeal [2002] QCA 549.
  • Conduct of proceedings and trial in the Federal Court, Melbourne brought under Part IVA of the Trade Practices Act 1974 (Cth): Coggin v Telstar Finance Co Ltd [2006] FCA 191.
  • Appearing on appeal relating to construction of indemnity clause: Jiona Investments Pty Ltd v Medihelp General Practice Pty Limited [2010] QCA 99.
  • Conduct of proceedings, trial and appeal in the Federal Court of Australia (Brisbane) and Full Court for monies owing and misleading and deceptive conduct in relation to the supply of goods from overseas: Eastern Pearl Groundhog Sales and Rentals [2012] FCA 406; [2012] FCAFC 113.
  • Appearing in proceedings relating to recovery of moneys used in land development: Barklya Pty Ltd v Richtech [2014] QSC 233.
  • Appearing at proceedings relating to appointment of expert: Redpath Contract Services Pty Ltd v Anglo Coal (Grosvenor Management) Pty Ltd [2016] QSC 313.
  • Trust

  • Appearing at trial on liability for breach of trust:  Cornerstone Property & Development Pty Ltd v Suellen Properties Pty Ltd [2014] QSC 265; [2015] 1 Qd.R. 75.

Common Law

  • Conduct of defence at trial in claim for damages for personal injuries: (and on appeal) Queensland Rail v Richards [1999] QCA 471; Colmark (Australia) Pty Ltd v Hall [1998] QCA 105; Taylor v Park [2001] QSC 265; Smith v Topp [2002] QSC 341 and on appeal [2003] QCA 397.
  • Conduct of trial in the Supreme Court of Queensland (Rockhampton) and appeal to the Court of Appeal on behalf of a crane supplier in relation to events on a vessel used for carrying bauxite: Walz Construction Company Pty Ltd v Suncorp Insurance & Finance & Ors [2001] QSC 63; [2002] QCA 136; [2002] QCA 155.
  • Conduct of trial for claims for damages for workplace injuries: Testa v Collex Pty Ltd [2002] QSC 178; Radovanovic v Brisbane City Council [2001] QSC 264.
  • Conduct of application and appeal relating to construction of Motor Accident Insurance Act: Johnson v Hill [2002] QCA 52; [2002] 2 Qd R 486.
  • Appearing at application for striking out claim against local authority: McKenzie v Honnery & Ors [2002] QSC 303.
  • Conduct of trial involving allegations of negligence against a solicitor and a valuer with respect to a development in North Queensland: Moloney v Bells Securities Pty Ltd & Ors [2005] QSC 13.
  • Conduct of product liability claim and trial in Supreme Court of Queensland and then appeal in the Court of Appeal against supplier and manufacturer: Fulcher v Knott Investments Pty Ltd [2012] QSC 232; [2013] QCA 67.

Administrative and Constitutional Law

  • Conduct of hearing and appeal relating to appointment of substitute local government councillor: Barron v Townsville City Council (1996) QSC 65; [1996] QCA 372.
  • Appearing on several petitions to the Court of Disputed Returns: Tanti v Davies (No.1) (1996) 2 Qd R 102; (No. 2) (1996) 2 Qd R 591; (No. 3) (1996) 2 Qd R 602; Carroll v Electoral Commission of Queensland [2001] 1 Qd R 164.
  • Conduct of hearing in the Supreme Court of Queensland relating to the issue of a gaming licence: Co-Mac Pty Ltd v Queensland Gaming Commission [2009] QSC 33.
  • Conduct of hearing in the Supreme Court of Queensland relating to the issue of a mining lease: Papillon Mining & Exploration Pty Ltd v Minister for Mines & Energy [2009] QSC 97; [2010] 1 Qd.R. 452.
  • Conduct of proceedings relating to affairs of Unincorporated Association: Galt v Flegg [2003] QSC 290; Green v McIver & Ors [2012] QSC 181; Palmer v McIver [2012] QSC 385.
  • Conduct of proceedings for injunction relating to conduct of elections: Minnikin v Chrisholm [2015] QSC 18; Harding v Quirk [2016] QSC 72.

Property

  • Conduct of Vendor and purchaser summons involving instalment contract: Re: Kaneko [1994] QSC 315.
  • Conduct of proceedings and appeal involving group titles dispute: Re: Ciriello (1996) QSC 27; Platt v Ciriello (1997) QCA 33.
  • Conduct of proceedings relating to section 38 of Property Law Act: Mulherin v Quinn Villages Pty Ltd [2006] QSC 338.
  • Conduct of proceedings relating to interest under writ of execution: Secure Funding Pty Ltd v Doneley [2010] QSC 91.
  • Conduct of trial of claim in the Supreme Court of Queensland for monies owing pursuant to an equitable interest in land: Bechara v Sotrip Pty Ltd [2013] QSC 100.
  • Conduct of defence at trial against claim for injunctions to restrain trespass and breach of lease for moorage of motor vessel: Emprja Pty Ltd v Red Engine Group Pty Ltd [2017] QSC 33.

Civil Penalty Proceedings

  • Appearing in applications for declaratory, injunctive relief and imposition of pecuniary penalties: ACCC v Bunavit Pty Ltd [2016] FCA 6.

Procedure

  • Appearing at application and appeal relating to hearing by way of jury: Tawilla Pty Ltd v Farrow Mortgage Services Pty Ltd [1995] QCA 370.
  • Appearing in proceedings and on appeal relating to pre-trial procedures: Pukeroa v Berkeley Challenge Pty Ltd [2005] QCA 49.
  • Appearing in application relating to arbitration agreement: JPA Pty Ltd v TEGA Pty Ltd [2005] QSC 87.
  • Appearing in proceedings for stay of civil proceedings: OSRIC Investments Pty Ltd v Probst [2007] QSC 293.
  • Appearing on appeal against order for registration of foreign judgment: Ellis v Dariush-Far [2007] QCA 398.
  • Appearing in proceedings for dismissal of claim: Mix v Queensland Rail & Ors [2007] QSC 135.
  • Appearing in summary judgment proceedings based on res judicata and issue estoppel: LPD Holdings Pty Ltd v Russells [2017] QSC 45.

View Peter’s biography and contact details.