In Quach v Suncoast Cafes Pty Ltd [2024] QCA 143, the Queensland Court of Appeal addressed an appeal related to a contract dispute initiated by the appellant, Michael Van Thanh Quach. The appellant claimed that he had entered into a binding contract on 5 May 2023 to purchase assets from the respondent, which he alleged was outlined in a document styled “Special Conditions for the Purchase of Business.” The primary judge determined that the application should proceed as if commenced by claim due to significant factual disputes, a decision the appellant contested on the grounds that there was no prior application for such an order. The Court of Appeal dismissed the appeal, finding no merit in the argument, affirming the judge's discretionary authority to require the case to continue as a claim amid substantial disputes over the existence and terms of the contract. Consequently, the court upheld the original orders, including the requirement for the appellant to file a statement of claim within 28 days and set aside the subpoena directed at the respondent’s accountant.
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