Atlantic 3 Funds Management Ltd v Deskhurst Pty Ltd & Anor [2004] QCA 302

[2004] QCA 302 COURT OF APPEAL McPHERSON JA JERRARD JA DUTNEY J Appeal No 4654 of 2004 ATLANTIC 3 FUNDS MANAGEMENT LIMITED (ACN 092 110 097) AS ASSIGNEE OF ATLANTIC 3-FINANCIAL (AUST) PTY LTD (ACN 056 262 723) Appellant/Plaintiff and DESKHURST PTY LTD (ACN 101 303 705) and ROBERT GEORGE HALLAS First Respondent/ First Defendant Second Respondent/ Second Defendant BRISBANE ..DATE 20/08/2004 JUDGMENT 1 -- 1 of 2 -- MR P G LYNCH for the appellant McPHERSON JA: There are several different but compelling reasons why this appeal should be dismissed. Prominent among them is that the appellant who lodged the appeal was not a party to the proceedings below in which the judgment was given. Mr Lynch, who appears in this Court for the appellant, consents to the appeal being dismissed with costs. The Court accordingly makes an order to that effect. ----- 2 -- 2 of 2 --