Baker v Pioneer Industries

[1995] QCA 565

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Extension of time for service of notice of appeal
4. › Credible excuse for initial failure
5. › Subsequent delay
6. › No prejudice to respondent
1. Practice and Procedure
2. › Appeal
3. › Right of appeal
4. › Appeal against final judgment entered pursuant to interlocutory order
5. › Whether appeal lies without leave from order authorising plaintiff to sign judgment under r. 153
6. › Whether appellant can challenge interlocutory orders on appeal against final judgment
7. › District Courts Act 1967 (Qld), s 92
8. › District Courts Rules (Qld), r 153
1. Practice and Procedure
2. › Appeal
3. › Amendment of notice of appeal
4. › Whether notice should be amended to clarify attack on final judgment rather than interlocutory order

Quick Take

An appellant appealing against a final judgment entered pursuant to an order under r. 153 of the District Courts Rules may challenge the interlocutory order on the appeal without needing separate leave to appeal against that order. The right to challenge interlocutory orders on appeal against a final judgment is not confined to procedural orders but extends to orders on which the final judgment was based. A credible excuse for initial failure to serve a notice of appeal, combined with the respondent's awareness of the appeal and absence of prejudice, may justify an extension of time for service.