Peter Hastie QC: Judgments

Building and Construction Disputes

  • Conduct of application relating to adjudication decision: Waterford PPG Pty Ltd v Civil Constructors (Aust) Pty Ltd [2020] QSC 8.
  • Conduct of hearing relating to sub-contractors’ charges: Civex Pty Ltd v Fredon (Qld) Pty Ltd [2018] QDC 208.
  • 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.
  • 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 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.
  • 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 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.

Corporations Law

  • Conduct of application to set aside deed of company administration: Pilot Advisory v ACN 137 806 574 Pty Ltd (formerly Cloud 9 Software Pty Ltd) [2019] FCA 2171.
  • Appearing at trial of voidable transaction proceedings: McCann, in the matter of Walton Constructions (Qld) Pty Ltd v QHT Investments Pty Ltd [2018] CA 1986.
  • Appearing in application by liquidation to extend time: McCann v Mawson Restructures and Workouts Pty Ltd [2016] FCA 1152.
  • 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.
  • 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 lengthy trial on insolvency in Supreme Court of Queensland: Promoseven Pty Ltd v Bluechip Development Corp (Qld) Pty Ltd [2011] QSC 368.
  • Conduct of contested application for winding up: Sindea Trading Co Pty Ltd v Asia Pacific Glass Pty Ltd [2003] QSC 406.

Commercial

  • Appearing at proceedings relating to appointment of expert: Redpath Contract Services Pty Ltd v Anglo Coal (Grosvenor Management) Pty Ltd [2016] QSC 313.
  • Appearing in proceedings relating to recovery of moneys used in land development: Barklya Pty Ltd v Richtech [2014] QSC 233.
  • 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 on appeal relating to construction of indemnity clause: Jiona Investments Pty Ltd v Medihelp General Practice Pty Limited [2010] QCA 99.
  • 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.
  • 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 appeal relating to public liability insurance policy: Aorangi v Brambles Australia Ltd [2001] QCA 200.
  • 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 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.
  • 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.

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.
  • Conduct of proceedings for breach of trust and unjust enrichment by financier of developer: Isakka v South Australian Asset Management Corporation [2001] QSC 74; [2002] QCA 549.

Common Law

  • Conduct of trial relating to terms of employment: Connolly v Queensland Rugby Union Ltd [2017] QDC 221; [2017] QDC 251.
  • 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.
  • Conduct of hearing and appeal in relation to effectiveness of assignment of judgment debt for purposes of registration in Queensland: Ellis v Dariush-Far [2007] QCA 398 (2008) 242 ALR 635.
  • 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.
  • Appearing at application for striking out claim against local authority: McKenzie v Honnery & Ors [2002] QSC 303.
  • Conduct of application and appeal relating to construction of Motor Accident Insurance Act: Johnson v Hill [2002] QCA 52; [2002] 2 Qd R 486.
  • Conduct of trial for claims for damages for workplace injuries: Livermore v WM McOwen & Co Pty Ltd [1992] QSC 25; [1992] QCA 224; Testa v Collex Pty Ltd [2002] QSC 178; Radovanovic v Brisbane City Council [2001] QSC 264.
  • 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 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.

Administrative and Constitutional Law

  • Appearing in High Court in special case involving validity of laws relating to electoral donations: Spence v State of Queensland [1919] HCA 15; (1919) 367 ALR 587.
  • Conduct of hearing and appeal relating to decisions as to vegetation clearing: Baker v Chief Executive, Department of Natural Resources and Mines [2018] QCAT 375; [2019] QCA 128.
  • Appearance relating to powers of court on appeal under s 222 Justices Act 1886: Baker v Smith (No. 3) [2019] QDC 267.
  • Conduct of proceedings for injunction relating to conduct of elections: Minnikin v Chrisholm [2015] QSC 18; Harding v Quirk [2016] QSC 72.
  • Conduct of proceedings relating to affairs of an incorporated association: Tucker v Herron [2001] QSC 296; Galt v Flegg [2003] QSC 290; Green v McIver & Ors [2012] QSC 181; Palmer v McIver [2012] QSC 385.
  • Conduct of judicial review proceedings 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 judicial review proceedings 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.
  • Appearing for several petitioners 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 judicial review proceedings relating to portable long service leave levy: Comalco Smelter Developments Pty Ltd v Building and Construction Industry (Portable Long Service Leave) Authority [1996] QSC 264.
  • Conduct of hearing and appeal relating to appointment of substitute local government councillor: Barron v Townsville City Council (1996) QSC 65; [1996] QCA 372.

Property

  • Conduct of proceedings against termination of commercial lease and for relief against forfeiture: Hookey v Whitelaw [2020] QSC 63; [2020] QSC 147.
  • 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.
  • 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 proceedings relating to interest under writ of execution: Secure Funding Pty Ltd v Doneley [2010] QSC 91.
  • Conduct of proceedings relating to section 38 of Property Law Act: Mulherin v Quinn Villages Pty Ltd [2006] QSC 338.
  • Conduct of proceedings for extinguishment of easement: Re Rollwell Australia Pty Ltd [1998] QSC 208.
  • Conduct of proceedings and appeal involving group titles dispute: Re: Ciriello (1996) QSC 27; Platt v Ciriello (1997) QCA 33.
  • Conduct of Vendor and purchaser summons involving instalment contract: Re: Kaneko [1994] QSC 315.

Disciplinary and Civil Penalty Proceedings

  • Appearing for practitioner in medical misconduct proceedings: Medical Board of Australia v Jonsson [2017] QCAT 336 and [2018] QCAT 407.
  • Appearing in applications for declaratory, injunctive relief and imposition of pecuniary penalties: ACCC v Bunavit Pty Ltd [2016] FCA 6.

Procedure

  • Appearing in summary judgment proceedings based on res judicata and issue estoppel: LPD Holdings Pty Ltd v Russells [2017] QSC 45.
  • 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 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.
  • Application to discharge injunction: Interact-Fone Zone Pty Ltd v Fone Zone Pty Ltd [1997] QSC 23.
  • Appearing at application and appeal relating to hearing by way of jury: Tawilla Pty Ltd v Farrow Mortgage Services Pty Ltd [1995] QCA 370.

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