Evans v Creevey

[2002] QCA 70

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Want of prosecution
3. › Leave to proceed after inactivity
4. › Two-year rule
5. › Whether delay during mediation excuses inactivity
6. › Whether prejudice sufficient to refuse leave
7. › Uniform Civil Procedure Rules (Qld), r 389(2), r 5(3)
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Discretionary decisions
5. › Standard of review
6. › Whether decision attended by sufficient doubt to warrant reconsideration
7. › District Courts Act 1967 (Qld), s 118(3)
1. Practice and Procedure
2. › Mediation
3. › Effect on obligation to proceed expeditiously
4. › Whether pursuit of mediation suspends operation of procedural rules

Quick Take

Engaging in mediation does not relieve a party of the obligation to proceed expeditiously under r 5(3) UCPR, and the mere pursuit of mediation cannot suspend the operation of the rules. On applications for leave to proceed under r 389(2), the central question is whether delay has prevented a fair trial through irretrievable prejudice, not punishment for past non-compliance.

Case Details

Citation[2002] QCA 70

CourtQCA

JurisdictionQueensland

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The full text is available to signed-in members, including the 1 later case that cites this judgment.

Cited by1

2003R v BQCA 465

Relies on4

1997Brisbane South Regional Health Authority v TaylorHCA 25
1991Décor Corporation Pty Ltd v Dart Industries IncFCA 844
1981Adam P Brown Male Fashions Pty Ltd v Philip Morris IncHCA 39
House v RHCA 40

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