MacDonnell v Rolley

[2001] QCA 32

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Originating process
3. › Renewal of writ
4. › Whether good reason shown for renewal
5. › Factors relevant to exercise of discretion
6. › Prejudice to defendant
7. › Appreciable risk of prejudice as distinct from actual prejudice
8. › Uniform Civil Procedure Rules (Qld), r 24(2)
1. Practice and Procedure
2. › Originating process
3. › Renewal of writ
4. › Cause of action with two bases
5. › Whether court should allow one basis unaffected by prejudice to proceed on condition other basis abandoned
1. Practice and Procedure
2. › Originating process
3. › Renewal of writ
4. › Whether application for renewal is a step in the proceeding requiring leave under r 389(2)
5. › Uniform Civil Procedure Rules (Qld), r 389(2)
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision
4. › Whether primary judge erred in principle or exercised discretion unreasonably

Quick Take

Where a cause of action has two bases and only one is affected by prejudice from delay, the court is not required to allow the unaffected basis to proceed on condition the other is abandoned. The absence of prejudice to the defendant does not necessarily result in renewal being granted. An appreciable risk of prejudice, as distinct from actual prejudice, is a legitimate factor in the balancing exercise.