In the case of McConchie v Jalbus No 2 Pty Ltd & Ors [2024] QDC 161, the District Court of Queensland examined the contractual responsibilities and allegations of negligence and misrepresentation related to a storage contract initially formed between McConchie and the RT and AJ Hyne Family Trust. After a theft at the storage facility, McConchie sought compensation in the Magistrates Court but mistakenly pursued Jalbus, the management company, instead of the trust. The District Court found procedural flaws in McConchie's claim, identifying it as unsound due to Anshun estoppel and res judicata defenses raised by the defendants. Ultimately, the court struck out McConchie's statement of claim, providing him the opportunity to amend it to target the correct legal entities within 28 days. The defendants were granted costs.
Full text: https://www.sclqld.org.au/caselaw/149110